Dharmendra Kumar vs State Of U.P. And 5 Others
2023 Latest Caselaw 6347 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - C No. - 4005 of 2023
 

 
Petitioner :- Dharmendra Kumar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Ram Chandra Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble J.J. Munir,J.

Heard Mr. Sanatan Kumar Srivastava, Advocate holding brief of Mr. Ram Chandra Yadav, learned Counsel for the petitioner and Mr. Girijesh Kumar Tripathi, learned Standing Counsel appearing for the State.

Perused the personal affidavit filed by the Tehsildar, Sadar, Azamgarh, in compliance with the order dated 24.02.2023. A perusal of the said affidavit shows that the Tehsildar has decided Case No. 1254 of 2021 (Computerized Case No. T202115060102933), Dharmendra Kumar v. Phool Chandra, under Section 34/35 of the U.P. Revenue Code, 2006 vide order dated 27.02.2023.

This Court, however, has also taken cognizance of the fact about the consistent strike by members of the Bar Association, whose members were appearing in this case before the Tehsildar, Sadar, Azamgarh. The Tehsildar was asked to disclose the identity of the Bar Association. He has enclosed with his personal affidavit, the resolution of the Bar Association, Azamgarh dated 18.07.2022, 08.08.2022, 12.09.2022, 26.09.2022, 10.10.2022, 07.11.2022, 11.01.2023, 25.01.2023 and 15.02.2023. These are all resolutions of the District Bar Association, Azamgarh.

Before parting with this matter, this Court thinks that the District Bar Association, Aligarh ought to be apprised of the directions of the Supreme Court in judgments rendered in Ex-Capt. Harish Uppal v. Union of India and another, (2003) 2 SCC 45, Common Cause, a registered society and others v. Union of India and others, (2006) 9 SCC 295, Krishnakant Tamrakar v. State of Madhya Pradesh, (2018) 17 SCC 27, District Bar Association, Dehradun through its Secretary v. Ishwar Shandilya and others, (2020) 17 SCC 672. In all the aforesaid decisions, there is consistent forbidding of any kind of abstinence from professional duties for the asking of the Bar Association by learned Advocates. The District Bar Association, Azamgarh would do well to act in obedience with the judgments of the Supreme Court in the four case above referred and occasion should not arise, where this Court may encounter resolutions by the Bar Association, directing its members to abstain from discharging their duties.

In view of aforesaid facts, no further orders are required to be made in this petition, so far as grievance of the petitioner is concerned.

The petition stands disposed of accordingly.

Let this order be communicated to the President and the Secretary of the District Bar Association, Azamgarh through the learned District Judge, Azamgarh by the Registrar (Compliance), within the next 48 hours.

Order Date :- 28.2.2023

I. Batabyal