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Patna High CourtCWJC/10287/2015disposed

Sanjeev Kumar v. The Bihar State Bar Council Andors

2025-09-11Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10287 of 2015 ====================================================== Sanjeev Kumar son of Late Jaleshwar Prasad Singh, Resident of MohallaGulab Bagh Pahsi, New Godown, P.S.- Kotwali Gaya, District- Gaya ... ... Petitioner/s

Versus

1.

The Bihar State Bar Council through its Secretary, Bihar Bar Council Bhawan, Patna- 800001.

2.

The Chairman, Bihar State Bar Council, Bar Council Building, Patna800001. 3.

The Chamber Committee, Bihar State Bar Council, Bar Council Building, Patna- 800001.

4.

The Ajit Kumar Singh, son of not known to the petitioner, Member, Bihar State Bar Council, Bihar Bar Council Building, Patna- 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Priyadarshi, Sr. Advocate Mr. Shivendra Prasad, Advocate Mr. Chandni Kumari, Advocate Ms. Priya Ranjan, Advocate Mr. Mukesh Kumar, Advocate Mr. Anunay Shahi, Advocate Mr. Nitish Kumar, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, Advocate Mr. Bipin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-09-2025 Heard Mr. Manoj Priyadarshi, learned Senior counsel for the petitioner and Mr. Bipin Kumar representing the Bihar State Bar Council (for brevity, 'the Council')

2. The present petition has been preferred for the following relief(s):

"(I) To quash the order of respondent no.

1 contained in Ref No 825/15 dated 17.6.15 by which the Chamber no. 8 of the Bihar Bar Council

2/4 Building of which petitioner has been using under valid occupation and possession after being made co-allottee by the original chamber holder Late L. K. Bajla has been cancelled and unilaterally allotted to respondent No 4 in derogation of settled law..

(II) To quash the proceeding of the meeting of the Chamber Committee of Bihar State Bar Council dated 3.5.15 under resolution 112/2014/14.9.14 deciding to cancel the allotment and occupation of chamber no. 8 of the petitioner on lone ground that decision to the said effect was already taken previously by the Committee that had also taken the decision to allot the same in favor of respondent No 4.

(III) To hold and declare the petitioner entitled for allotment of Chamber no. 8 of Bihar State Bar Council Building who has been under valid and legal occupation of the same on account of the said chamber being handed over to the petitioner by the original occupant and certified by the legal heirs and further that allotment of this

3/4 chamber to respondent no. 4 is bad, invalid and unsustainable.

(IV) To command the respondents and direct them to allot and regularize the chamber no. 8 in favor of the petitioner who has been in occupation of this chamber since January 2000, after being made co-allotee by Late Sri L.K. Bajla in whose favor the chamber originally allotted. was (V) For issuance of any appropriate writ/order/direction to which the petitioner is found entitle to in the eye of law."

3. At the outset, it has been jointly submitted that 'the Council' has come up with letter no. 1742/2025 dated 25.08.2025 recording the Resolution No. 185/2025 dated 23.08.2025, according to which, taking into account the undertaking of Mr. Sanjeev Kumar, Advocate (petitioner herein) that he shall be depositing the due amount, the House unanimously decided to make co-allotment in his name after depositing the outstanding dues against Chamber No. 8 and coallottee fee of Rs. 3,00,000/-.

4. Mr. Priyadarshi has provided the documents to show that on 01.09.2025 itself, Rs. 3,00,000/- has been

4/4 deposited as dues as well as Rs. 2,18,090/- as rent/electricity.

5. The same be kept on record.

6. Mr. Bipin Kumar representing 'the Council' submits that they shall be handing over the follow up order to the petitioner by 26.09.2025.

7. In view of the fact that lots of water has flown down the Ganges after the filing of the writ petition and 'the Council' has made him co-allottee, the petitioner has shown his bona fide by paying all the dues/rent, expecting 'the Council' to issue the necessary order/direction by 26.09.2025, the writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U