STATE OF UTTAR PRADESH v. JAI Bm. SINGH

(Civil Appeal No.897 of2002) (T. S. THAKL'R, C.J.I., MADAN B. LOKUR, S.A. BOBD.J<~, ADARSH KUMAR GOEL, UDAY UMESH LALIT, DR. D.Y. CHANDRACHUD AND L. NAGF.SWARA RAO, J.J.} Reference to larger bench - Reference order by a Five-Judges Bench pursuant to which matter placed before Seven-Judges Bench c - In view of serious all{/ ·wide ranging implications of the issue invoh,ed as al.m the fact that serio11s doubts have been e>.]Jressed in the reference order abouJ the correctnes.o; of the view in Banga lore Water Supply and Sewerage Supply & Sewerage Board etc. v. A. Rajappa and Ors. etc. (1978) 2 SCC 213, mu11er referred to Nine- D Judges Bench. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 897 of 2002. From the Judgment and Order dated 30.01.2001 ofthe High Court ofJudicature at Allahabad in Civil Misc. Writ Petition ~o. 32&2 of2001. E WITH C.A. Nos. 1276, 1278, 1279, 6114, 8597 of200 l . C.A. Nos. 2409, 2~06, 4569, 5101,6108,6471 of2002 SLP (C) No.20982 of2002· C.A. No. 7994 of2004 SLP (C) Nos.l\291, 14085. 14127 of2004 C.A.No.812 of2005 SLP (C) No. 4l39.of2005 C. A. Nos.1273, 1274, 3647, 4646 of2007 G SLP (C) No. 1630 I of 2007 C. A. Nos. 296, 1311-1312 of2008 SLP (C) Nos.31 07,4327, 4328,4329, 16276, 17224 of2008 H 83

84 SUPREME COURT REPORTS [2017] I S.C.R.

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Kira11, Ms. Charu Lata Chaudhary. Ashok Kumar Sharma. Vikalp A Mudgal, Kshitij Mudgal, Ms. Nidhi, Vidya DharGaur. Ms. Shnlu Sharma, Naresh Kumar, Dr. (Mrs.) Vi pin Gupta, Vishwajlt Singh, Dharat Sangal, S. K. Verma, S. N. Bhat, R. C. Kaushik, Ardhendumauli Kumar Prasad, E. C. Vidya Sagar, Ms. Kusum Chaudhary, Sudhanshu S. Choudhari, Subhash Sharma, A. P. Mohanty, Rameshwar Prasad Goyal, Gautam B Narayan, K. Rajeev, M. K. Garg, Ms. Sheela Goel, Abhay Nagavi. Krishan Kumar, Advs., with them for the appearing parties. The following Order of the Cou11 was del ivcred ORI>ER

'f. S. THAKUR, C.J.I. I. We have heard learned counsel for c the parties at considerable length. We have also been taken throHgh relevant passages of the decision of this Collrt in JJaugalor.e Water Supply & Sewarage Board e/c. 1-: A. Rqjuppa tmd Or.~. etc. ( 1978) 2 SCC 213 and the rete renee order passed by a Five-Judges Bench of this Court pursuant to which these matters have been placed bclorc us. D Having given our anxious consideration to the contentions ul'gcd at the bar and the serious and wide ranging imp Iicat ions of the issue that fall for determination as also the tact that serious doubb have been cx.prcss~d in the rdercncc order about the l:Orrectness of the view taken in Bangalore Water Supp~v ~· ca.'ie (supra), \vc are of the opinion that these appeals need to be placed before a Bench comprising Nine-Judges E to be constituted by the Chief Just ice.

2. We order accordingly. The papers be now placed before the ChiefJustice for constituting an appropriate Nine-J udgcs Bench lo answer the questions raised in the reference order dated 5111 May. 2005 passed by the Five-Judges Bench in State of U.P " Jai Bir Singlt (2005} 5 F sec 1. Divya Pandey Mattt:r rclcrcrrcd to larger bench.