ROHIT ARYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Writ Petition (M/S) No. 01 of 2012 has been filed by the U.P. Avas Evam Vikas Parishad against the State of Uttarakhand and others. Writ Petition (M/S) No. 670 of 2015 has been filed by the Uttarakhand Avas Evam Vikas Parishad against the U.P. Avas Evam Vikas Parishad and others. Writ Petition (M/S) No. 302 of 2008, Writ Petition (M/S) No. 939 of 2008, Writ Petition (M/S) No. 1030 of 2010, Writ Petition (M/S) No. 896 of 2017 and Writ Petition (M/S) No. 911 of 2018 have been filed by several individuals and firms against the U.P. Avas Evam Vikas Parishad, the State of U.P. and others, and the State of Uttarakhand.

(2.) All the aforesaid Writ Petitions are listed before us on a reference made by the learned Single Judge by his order in Writ Petition (M/S) No. 1030 of 2010 and batch dated 07.08.2019. The learned Single Judge was of the view that the earlier order passed by a Division Bench of this Court, in Writ Petition (PIL) No. 1375 of 2005 dated 21.03.2006 interpreting Sections 43 and 60 of the Uttar Pradesh Re-organization Act, 2000, necessitated re-consideration. The learned Single Judge also opined that the other question, which necessitated examination, was whether the dispute was actually between two Parishads or between two States in which event it is only the Supreme Court which can exercise jurisdiction under Article 131 of the Constitution of India.

(3.) We are, however, saved the trouble of examining the scope and ambit of Sections 43, 60 and 67 of the Uttar Pradesh Re-organization Act, 2000 in view of subsequent events, which we shall take note of a little later in this order. Before that, it is necessary to briefly note the issues involved in this batch of Writ Petitions.