District Advocates Clerk Association And ANR v. Bihar State Bar Council And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.137 of 2015 ===========================================================

1. District Advocates Clerk Association, Muzaffarpur through its Chairman, Suresh Kumar Ojha, son of late Chandrika Choudhary.

2. Abdul Hasnat, son of Late Abdul Wadud, resident of Village- Bhat Gaowa, P.S- Gaighat, District- Muzaffarpur.

.... .... Petitioners

Versus

1. Bihar State Bar Council, Patna, Bar Council Bhawan , Patna High Court Campus, Patna, through its Chairman.

2. Chairman, Bihar State Bar Council, Patna, Bar Council Bhawan, Patna High Court Campus, Patna.

3. Secretary, Bihar State Bar Council, Patna, Bar Council Bhawan, Patna High Court Campus, Patna.

4. District Bar Association, Muzaffarpur, Civil Court, Muzaffarpur, through its President.

5. President, District Bar Association, Muzaffarpur, Civil Court , Muzaffarpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Bihar State Bar Counsel : Mr. Gyan Prakash Ojha =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 09-02-2015 This writ petition has been filed seeking a direction to the Chairman, Bihar State Bar Council, Patna to ensure the distribution of 20% sale proceeds of the forms to the Advocates' Clerks of the Bar Association of Civil Court, Muzaffarpur in terms of Rule 31(iii)(b) of the Model Rules framed by the Bihar State Bar Council as affirmed by the Bar Council of India for the Bar/Advocates'/Lawyers' Association in the State of Bihar. Perusal of the records manifest that a representation

Patna High Court CWJC No.137 of 2015 dt.09-02-2015 to this effect has been filed by the Association as back as on 12.03.2013, which is pending consideration before the Chairman, Bihar State Bar Council.

In the circumstances, this writ petition is disposed of with the direction to the Chairman, Bihar State Bar Council to consider the representation of the petitioner Association, a copy of which is placed at Annexure-3 to the writ petition and dispose of the same in accordance with law and after giving an opportunity of hearing to the petitioner and other contesting parties expeditiously and preferably within three months from the date of receipt/production of a copy of this order.

(Jyoti Saran, J.) Vats/- U