JUDGMENT By the Court.—Supplementary affidavit filed by the petitioners is taken on record. 2. This matter was assigned on 10.10.2007 to the Bench presided over by one of us (V.M. Sahai, J). The matter was heard by this Bench and it was listed for further hearing today as the Counsel for the petitioners was permitted to file the aforesaid supplementary affidavit. According to the learned Counsel for the petitioner Plot No. 1032/4 has not been acquired. In this view of the matter, the petitioners is entitled for interim order. 3. On the other hand, Sri T.B. Pandey, Advocate holding brief of Sri Neeraj Tripathi, learned Counsel for the respondents has urged that the aforesaid plot has been acquired. 4. Until further orders of this Court, the respondents shall not take possession of Plot No. 1032/4, if it has not been acquired in pursuance to the notification issued under the Land Acquisition Act. 5. This writ petition as well as a large number of other writ petitions were transferred from the bench hearing fresh in misc. writ petitions and were assigned to this Court to be heard by a Bench presided over by one of us (V.M. Sahai, J). Subsequently, all the assigned writ petitions are being listed before the bench to whom the writ petitions were assigned and this is one of such writ petitions. 6. An order was passed by Honble the Senior Judge dated 18.9.2007 which is extracted below : "When any matter is assigned to a Bench, it shall continue with that Bench till the stage of admission of the matter or if it is assigned after admission till the stage of final hearing unless ordered otherwise. Therefore, the Bench Secretary after receipt of the file on assignment shall make endorsement in this regard in the file itself or in the order sheet. Sd/- Senior Judge 18.9.2007" Subsequently, letter dated 24.10.2007 has been sent by Honble the Chief Justice to all the Honble Judges, which is extracted below : "Dear Brother/Sister, You will recollect that at the end of the Full Court meeting held on 29th September, 2007, I had drawn the attention of all of you that one has to function as per the roster and at the end of the roster whatever matters are pending before Honble Judges, they are not expected to retain the same. I mentioned this subject with great reluctance since not functioning according to the roster is causing difficulties for the litigants, Advocates as well as for the administration since special benches are required to be constituted for a large number of matters. This is apart from the question of legality of orders passed outside the roster. One can understand retaining of a matter, which is admitted, is being heard finally and has been substantially heard and would be concluded in a hearing or two. Barring this exception, all other matters must go to the Judges, who are having the particular assignment. Kindly, therefore, see to it that except the one category which is mentioned above, no other matters are retained so that they are listed as per whatever is the current assignment. I am also asking the office to see to it that such matters are listed as per the current roster." 7. We are not able to understand as to whether we should follow the order dated 18.9.2007 passed by Honble Senior Judge or the letter dated 24.10.2007 written by Honble the Chief Justice or the Allahabad High Court Rules, 1952. Therefore, we think it appropriate to refer the matter to be decided by a larger bench on the following questions : (1) Whether the matters, which have been nominated by Honble the Chief Justice, are to be heard by a bench presided by a particular Honble Judge will be heard by that Honble Judge till he sits in that jurisdiction and thereafter he has to release the matter or he shall continue to hear the matter, irrespective of change of the roster? (2) Whether any matter, which is assigned to a bench, shall continue with the same bench till the stage of admission of the matter irrespective of the change in the roster? (3) Whether any matter, which is assigned, nominated or otherwise and is heard substantially by a bench, at the admission stage, the matter would be heard by the same bench, which has heard it substantially, or, after the change in the roster, the matter has to be released by the bench to be heard by the bench having jurisdiction as per the changed roster? (4) Whether, where the matter is nominated or assigned to a bench, the bench can simply say that the matter may be listed before another bench and such matter would be heard by another bench or the bench shall have to send the matter to Honble the Chief Justice for fresh nomination of a bench? (5) Whether instructions contained in the aforementioned letter dated 24.10.2007 to the effect that "one can understand retaining of a matter, which is admitted, is being heard finally and has been substantially heard and would be concluded in a hearing or two" applies only to admitted cases which are being heard finally by the bench or it also applies to hearing of a matter where affidavits have been exchanged at the admission stage, the matter is being finally heard by the bench, as the prevailing practice in Allahabad High Court is that the cases are being decided finally at the admission stage itself. Whether the bench hearing matters at the admission stage finally even where substantial hearing has taken place has to release the matter after the change of the roster or it is to be heard by the same bench? (6) Whether the provisions contained in Chapter V Rules 13 and 14 and Chapter VI Rule 7 of the Allahabad High Court Rules, 1952 have to be followed by the benches? (7) What is the meaning of expressions : (i) assigned to a bench and when the assignment to a bench comes to an end and (ii) substantially heard and when a matter can be treated to have been heard in part by a bench? 8. Therefore, we refer the aforesaid questions to be heard by a larger bench to be nominated by Honble the Chief Justice so that the questions be decided at the earliest. 9. The office is directed to place this order along with the records before Honble the Chief Justice today. Questions Referred to Larger Bench ————