Sunil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16390 of 2018 ====================================================== Sunil Kumar Son of Awdhesh Prasad Gupta, Resident of Mohalla-Mahanth High School, Gali No.1, Sidheshwa Nagar, Mainpura, P.S. Patliputra, DistrictPatna. a Practicing Advocate, Civil Court, Patna, Basudev Katch, Table No. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Law Secretary, Law Department, Old Secretariat, Patna.

2.

The Chairman, Bihar State Bar Council, Bar Council Bhawan, Patna. 3.

The Chairman, Bihar Advicate Welfare Trustee Committee, Bar Council Bhavan, Patna.

4.

The Secretary, Bihar Advocate Welfare Trustee Committee, Bar Council Bhavan, Patna.

5.

The President, District Bar Association, Patna Sadar, Patna. 6.

The Secretary, District Bar Association, Sadar Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishore Srivastava, Advocate For the Respondent/s :

Mr.Md. Raisul Haque - Sc10 For Trustee Committee :

Mr.Prem Kr. Jha, Advocate Mr.Rajesh Kr. Jha, Advocate Ms.Meenakshi Priya, Advocate Mr.Shiv Kr. Jha, Advocate Mr.A.K. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "(1) To direct the respondent no. 3 and 4 (here in after referred to as the Bihar Advocate welfare Trustee Committee, constituted under 1983 Act) to restore the Membership of Advocate welfare Trustee Committee after depositing the outstanding subscription amount of the petitioner with effect from 2015-16,

Patna High Court CWJC No.16390 of 2018(4) dt.11-09-2024 2/2 accordingly to Section 6 of the said Act."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail the remedy, provided for under Section 17(A) of the Bihar Advocate's Welfare Fund Act, 1983, by filing appropriate petition for review of the decision taken by the Trustee Committee. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed by the petitioner, within a period of two weeks from today, the same shall be examined on merits and disposed off by passing a reasoned and a speaking order, in accordance with law, forthwith.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U