The Lucknow Bench of the Allahabad High Court had exclusive jurisdiction to hear cases arising in Oudh, as defined by the area under the jurisdiction of the former Chief Court of Oudh, unless otherwise directed by the Chief Justice under the second proviso to Clause 14 of the Amalgamation Order.

JAGDISH SAHAI, J. :- The Criminal revisions and the special appeal mentioned above have been laid before this Bench for the decision of the question whether the Criminal revisions are competent to be heard at Lucknow and whether Writ Petition No. 193 of 1968 out of which special appeal no. 117 of 1969 arises was wrongly rejected by Sahgal, J. on the ground that the Lucknow Bench could not entertain it.

2. The Criminal Revision No. 396 of 1966 is directed against the judgment and order of the Additional Sessions Judge, Lucknow, dismissing the appeal filed by the applicant challenging his conviction under Ss. 120-B and 420, I. P. C. and the sentences awarded under those provisions by the Special Magistrate posted at Lucknow. The special Magistrate whose court is located at Lucknow and who tried the case has been specially empowered to try all such cases within the State of Uttar Pradesh. This Court has issued notice to the applicant in Criminal Revision No. 396 of 1966 as to why his sentence should not be enhanced. The proceedings arising out of that notice have been separately numbered as Criminal Revision No. 316 of 1968.

3. Writ Petition No. 193 of 1968 was filed by Fateh Bahadur Lal who was serving in the seed store at Phoolpur in the district of Azamgarh. He was put under suspension with immediate effect and attached to District Agriculture Officer, Azamgarh. The writ petition was directed against the order of suspension. A preliminary objection was taken before Sahgal, J., that the Lucknow Bench had no jurisdiction to hear the writ petition inasmuch as the order of suspension was not passed by an authority who resided in the area constituting Oudh. It was contended that the petitioner was put under suspension under the orders of the Deputy Director of Agriculture, Gorakhpur, dated 12-7-1967, while the petitioner was posted at Phoolpur in Azamgarh District. The learned single Judge dismissed the writ petition on the finding that it was not competent before the Lucknow Bench. The respondents to the writ petition were (1) State of Uttar Pradesh through the Director of Agriculture, U. P., Lucknow, (2) District Agriculture Officer, Azamgarh, and (3) Deputy Director of Agriculture Gorakhpur Region, Gorakhpur.

4. The decision of the question raised before this Full Bench depends upon the interpretation of Clause 14 of the U. P. High Courts (Amalgamation) Order, 1948, (hereafter called as the Amalgamation Order). That provision reads :

"The new High Court, and the Judges and division courts thereof, shall sit at Allahabad or at such other places in the United Provinces as the Chief Justice may, with the approval of the Governor of the United Provinces, appoint.

Provided that unless the Governor of the United Provinces with the concurrence of the Chief Justice, otherwise directs, such Judges of the new High Court, not less than two in number, as the Chief Justice, may from time to time nominate, shall sit at Lucknow in order to exercise in respect of cases arising in such area in Oudh, as the Chief Justice may direct, the jurisdiction and power for the time being vested in the New High Court :

Provided further that the Chief Justice may in his discretion order that any case or class of cases arising in the said area shall be heard at Allahabad."

5. It is well known that before the amalgamation order was enforced, the State of Uttar Pradesh (the United Provinces of Agra and Oudh, as it was then called) had two High Courts, that is, the High Court of Judicature at Allahabad and the Chief Court of Oudh. The Chief Court of Oudh exercised jurisdiction over the districts constituting the area known as Oudh, to the exclusion of the Allahabad High Court. The Allahabad High Court exercised jurisdiction over the rest of the Province.

6. The Amalgamation Order was passed and enforced because it was thought fit that there should not be two High Courts in the same Province. Two questions are raised for determination in the instant cases. The