HC: Practice of Bench hunting and seeking adjournments when confronted with queries are not healthy practices for the Bar [Read Order]

The Allahabad High Court while dismissing a writ petition has strictly rapped the petitioner for approaching court under Article 226 without any infringement of the Fundamental right.

“As petitioner has failed to point out any infringement of his fundamental rights so to invoke the writ jurisdiction of the Court, petition being bereft of merit deserves to be dismissed and is dismissed.” held the Court.

The Petitioner has approached the High Court for the issuance of injunction order to stop the construction of the Barat Ghar situated in village Manak Chauk, Post Nanpur, District-Hapur and direction for the disposal of the application filed by him before the District Magistrate, Hapur.

The Single Bench of Justice Vivek Agrawal has observed that the said application was filed before the District Magistrate, Hapur only before a month, and the petitioner has failed to explain that why he has approached the High Court ‘so soon’.

“When learned counsel for the petitioner is asked to show as to which his right has been infringed and what is the locus of the petitioner, he prays for adjournment”

The above remarks were made by the Bench when the petitioner could not show infringement of any fundamental right for invoking the court’s jurisdiction under Article 226 of the Indian Constitution.

“This kind of practice of Bench hunting seeking time when confronted with queries is not a healthy practice for the Bar.” Said by Court.

In view of the above observations the plea was dismissed.

Case details:

Case: - WRIT - C No. - 12609 of 2020

Petitioner: - Amit Kumar

Respondent: - State Of U P and 4 Others

Counsel for Petitioner: - Alok Kumar Singh

Counsel for Respondent: - C.S.C., Azad Rai

Bench: Justice Vivek Agarwal

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