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2012 Supreme(All) 2523

SHABIHUL HASNAIN, DEVENDRA KUMAR ARORA, DEVI PRASAD SINGH
BRIJ KISHORE VERMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Birendra Narain Shukla, Beni Prasad Gupta, Syed Ali Rehan, Sushil Kumar Singh, Arvins Kumar Singh, Syed Ali Rehman, Amitabh Kumar Rai, Neerav Chitravanshi, Sheo Prakash Singh and Akhilesh Kalra for the Petitioner; Smt. Bulbul Godiyal, A.A.G., Pushkar Bhagel, Ms. Alka Saxena, C.S.C., A.S.G., Ashok Pandey, Raj Kumar, Amicus Curiae:S.K. Kalia and Anupam Mehrotra for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—With the change of Government, the creation of new districts has become a routine feature in the State of Uttar Pradesh that too, without adverting to financial viability and necessity. Ordinarily, decisions are political to perpetuate legacy of political parties.

2. Similar is the case in hand referred by the Division Bench of this Court relating to constitution of Chhatrapati Shahu Ji Maharaj Nagar (in short CSM Nagar).

3. On account of conflicting judgment with regard to right of State Government to create districts, a Division Bench of this Court (Hon’ble Pradeep Kant, J. and Hon’ble Ritu Raj Awasthi, J.), has framed three (3) questions and referred the same to the Larger Bench. In terms thereof, Hon’ble the Chief Justice has constituted the present Bench. The questions referred by the Division Bench vide order dated 25.3.2011 passed in Writ Petition No. 10159 (M/B) of 2010 and three other connected writ petitions, are as under:

(i) Whether the issuance of notification under Section 11 of the U.P. Land Revenue Act read with Section 21 of the U.P. General Clauses Act by the Governor is legislative act or administrative act.

(ii) Alternativel


























































































































































































































































































































































































































































































































































































































































































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