Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3618 of 2024 ====================================================== 1.

Dharmendra Kumar Son of Ram Vijay Sharma Resident of VillageGopalpur Tineri, P.O.- Nadaul, P.S.- Masaurhi, District- Patna. 2.

Amrendra Kumar Singh Son of Late Shivpujan Singh Resident of VillageTineri, P.S.- Masaurhi, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Law, Bihar, Patna.

2.

The Principal Secretary, Department of Building Construction, Govt. of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The District Legal Officer, Patna.

5.

The Bihar State Bar Council, Patna through its Secretary, Bihar, Patna. 6.

The District Bar Association, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Adv.

For the Respondent/s :

Mr. Abbas Haider, SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). To issue a writ in the nature of certiorari to quash all communications/notifications of the District Bar Associations, Civil Court Patna (DBA) as contained in Annexure-3 Series herein this application whereby and whereunder DBA has decided to dismantle allotted chamber of the petitioners (happen to the bonafide members of DBA without reflecting and ensuring the protection to this

Patna High Court CWJC No.3618 of 2024(2) dt.13-05-2024 2/3 Chamber holder which was obtained by the petitioners through an agreement dated 01.02.2006 in accordance with law after paying the demanded money i.e. as 2000/- (18 years back) and constructed with his own 2 lacs cost. (ii). To issue a writ in the nature of mandamus directing the respondents to ensure and facilitate the exacter of the Chamber of the petitioners by way of legal written declaration in the form of legally ordinated agreement.

(iii). To direct the Respondents to act an under law emanating from principle of natural justice under Article 14 and 21 of the Constitution of India and under the bye-laws of DBA and Bar Council of India as well.

(iv). To hold and declare that the action of the respondents under challenge would cause irreparable physical, mental, professional and economical loss to the petitioners.

(v). To direct the respondents to come out with concrete course of action and playing in order to meet bonafide negotiation resulting into delivery of full protection to the petitioners. (vi). To direct the respondents to provide room/ chamber in new constructed building as per conditions of agreement dated 01.02.2006."

2.

After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however,

Patna High Court CWJC No.3618 of 2024(2) dt.13-05-2024 3/3 seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

3.

Accordingly, the writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U