Patna High CourtCWJC/11353/2005disposed

Ashok Kumar Jha v. The State Of Bihar And ORS

2015-01-07Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11353 of 2005 ====================================================== ASHOK KUMAR JHA, SON OF LATE AYODHANATH JHA, RESIDENT OF VILLAGE BALIA POLICE STATION BENIPATTI, DISTT MADHUBANI ... .... Petitioner

Versus

1. THE STATE OF BIHAR

2. THE CHIEF SECRETARY, BIHAR

3. THE COLLECTOR, MADHUBANI

4. THE SDO, BENIPATTI

5. BIHAR STATE BAR COUNCIL THROUGH ITS SECRETARY .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Jha, Advocate Mr. Ranjan Kumar Jha, Advocate Mr. Gajendra Kumar Jha, Advocate Mr. Bam Bahadur Jha, Advocate Mr. Anil Kumar-1, Advocate For the Respondents : Mr. (GP9) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 07-01-2015 A petition dated 16.5.2002 (Annexure 1) was filed by the Secretary of the Sub Divisional Bar Association, Benipatti Court before the SDM, Benipatti, stating that the petitioner and others do not figure amongst panel of lawyers who would practice in SDM court. It was further brought to the notice of the SDM that the petitioner was not even enrolled on Bihar State Bar Council Roll and he was working like a tout. Taking notice of the matter, the SDM issued show cause dated 5.4.2004 (Annexure 4) to the petitioner as to under what circumstances, he is practising as an advocate in that court. The petitioner filed his reply.

Patna High Court CWJC No.11353 of 2005 (8) dt.07-01-2015 2/2 In the instant application the petitioner prays for quashing of the show cause notice. However, he has not brought on record the up to date statues of the case, though more than 9 years have lapsed since then.

Learned counsel for the respondents state that in absence of up to date status of the case, one is not aware whether the matter has already been dropped or continuing or any order has been passed.

In the circumstances, the writ petition is disposed of with liberty to the petitioner to move appropriate court, if any adverse order has been passed subsequent to the show-cause notice dated 5.4.2004 contained in Letter no. 108. (Samarendra Pratap Singh, J) Shashi.