JUDGMENT : S.P. Srivastava, J. Heard Sri. Murlidhar, senior advocate assisted by Sri. Y.K. Sinha, advocate representing the Petitioners. 2. Sri. Sudhir Agarwal, learned Additional Advocate General assisted by Sri. K.R. Sirohi, advocate who has put in appearance at this stage on advance notice has also been heard. 3. Sri. Murlidhar, senior advocate appearing for the Petitioners states that the relief (i) claimed in the writ petition is not pressed and may be treated to have been deleted. 4. The writ petition, therefore, remains confined to the relief (ii) claimed by the Petitioners. 5. So far as the relief (ii) claimed by the Petitioners is concerned, the sole grievance urged and pressed in this regard is against the direction issued vide the letter sent by the Registrar General to the District and Sessions Judge, Ghaziabad dated 13th February, 2004 requiring him to authorise the senior most Additional District and Sessions Judge posted in the disbanded revenue district of Gautam Budh Nagar to exercise the jurisdiction exercisable by the District Judge relating to the areas of 185 revenue villages of Tehsil Dadri now included in revenue district Ghaziabad and also to exercise jurisdiction to entertain, try and dispose of bail applications and other criminal cases committed by and hear appeals arising from judgments and orders passed by the Magistrates having jurisdiction in respect of crime registered in any of the police station in 185 revenue villages of Tehsil Dadri. 6. The contention of the learned Counsel for the Petitioner is that taking into consideration the implications arising under the provisions of the Bengal, Agra and Assam Civil Courts Act, 1887 it is not permissible in law to create a situation where an Additional District and Sessions Judge posted in the disbanded district of Gautam Budh Nagar virtually functions as a District Judge, as in that event, it will amount to create two posts of District Judges in one district which will be patently illegal and will further amount to usurpation of the jurisdiction exclusively vesting in a District Judge under the statutory provisions. 7. It may be noticed that the provisions contained in Section 8 of the aforesaid Act stipulated that where the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the State Government may, having consulted with the High Court, appoint such Additional Judges as may be requisite. 7. It may be noticed that the provisions contained in Section 8 of the aforesaid Act stipulated that where the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the State Government may, having consulted with the High Court, appoint such Additional Judges as may be requisite. The Additional Judges so appointed shall discharge any of the functions of a District Judge which the District Judge may assign to them, and, in the discharge of those functions, they shall exercise the same powers as the District Judge. 8. The use of the expression 'assign' in the provisions contained in Section 8(2) of the aforesaid Act is quite significant and clearly indicates that the additional Judges shall only act as an aid of the District Judge and deal with a case which may be assigned by the District Judge to him. 9. The impugned directions contained in the letter issued by the Registrar General dated 13th February, 2004 is apparently contrary to the statutory provisions contained in Section 8 of the aforesaid Act. 10. It may be observed that while it is open to the Additional District and Sessions Judge to exercise the jurisdiction of a District Judge in respect of a case assigned or transferred to him for disposal, yet it is not permissible in law for the Additional District and Sessions Judge to assume and exercise the jurisdiction which is initially vested in the District Judge unless the case comes to him for consideration in the prescribed modes. 11. This position in law is apparent from the combined effect of Sections 8 and 9 of the aforesaid Act. In this connection, it may be noticed that Section 9 of the Act of 1887 provides that subject to the superintendence of the High Court, the District Judge shall have administrative control over all the civil courts under the said Act within the local limits of his jurisdiction. This jurisdiction covers within its ambit the jurisdiction to withdraw a case assigned to an Additional District Judge and send it/transfer it to another Additional District Judge. 12. The learned Additional Advocate General has brought to our notice the original notification dated 6th May, 1997 whereby 185 revenue villages had been added to the newly created district of Gautam Budh Nagar. 12. The learned Additional Advocate General has brought to our notice the original notification dated 6th May, 1997 whereby 185 revenue villages had been added to the newly created district of Gautam Budh Nagar. The newly created district has been disbanded vide Government's notification dated 13th January, 2004 which notification has been subsequently modified vide notification dated 28th January, 2004 making it clear that the change sought to be effected was in regard to 'revenue court' without any disturbance to the judicial work in the civil and criminal courts functioning prior to the notification. 13. Taking into consideration the facts and circumstances as brought on record, this writ petition is disposed of finally providing that the letter dated 13th February, 2004 issued by the Registrar General on behalf of the Court, a copy of which has been filed as Annexure-7 to the writ petition containing a direction to the effect that the Additional District and Sessions Judge posted in the disbanded revenue district of Gautam Budh Nagar will exercise the jurisdiction exercisable by the 'District Judge', shall not be taken to be a direction authorising the Additional District Judge to function as a District Judge of a District and the impugned direction shall cease to remain operative. 14. The District Judge, Ghaziabad shall remain free to pass appropriate orders contemplated under Sections 8(2) and 9 of the Act referred to hereinbefore.