Kapildev Kumar v. The Bihar State Bar Council

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17580 of 2022 ====================================================== 1.

Kapildev Kumar Son of Late Manik Prasad Yadav, Resident of Haldhar Jha Lane, P.S.- Barari, Dist- Bhagalpur.

2.

Md. Sharik Manzoor son of Late Md. Manzoor Habib, Resident of Barahpura, Near Chandani Chowk, P.S.- Ishakchak, Dist- Bhagalpur. 3.

Mahesh Kumar Yadav son of Suresh Prasad Yadav, Resident of MohallaKutubganj, P.O.- Mirjanhat, P.S.- Mojahidpur, Dist- Bhagalpur. 4.

Dinesh Kumar Singh alias Bablu Singh son of Late Sant Lal Singh, Resident of Mohalla- Mandroja, P.S.- Kotwali, Dist- Bhagalpur. ... ... Petitioner/s

Versus

1.

The Bihar State Bar Council through the Secretary, Bihar State Bar Council, Bar Council Bhawan, Near High Court, Patna.

2.

The Chairman, Bihar State Bar Council, Bar Council Bhawan, Near High Court, Patna.

3.

The Secretary, Bihar State Bar Council, Bar Council Bhawan, Bihar, Patna. 4.

The Officiating Secretary, Bihar State Bar Council, Bar Council Bhawan, Bihar, Patna.

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

For the Petitioner/s :

Mr.Sanjay Kumar Ghosarvey, Advocate For the Respondent/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2023 1.

The present writ petition has been filed seeking the following relief:- "(i) For quashing the notification dated 25.07.2022 issued by the Secretary, Bihar State Bar Council, Patna whereby the petitioners have been debarred from practicing as an advocate in any court or before any authority or person in India from the

Patna High Court CWJC No.17580 of 2022(3) dt.05-09-2023 2/2 date of notification for a period of 6(Six) months.

(ii) For quashing the order/notification dated 02.07.22 passed by the Disciplinary Committee in D.C. Enquiry no.11/2021 on the basis of cognizance taken by the General Body of Bihar State Bar Council on the resolution of 21.11.2021 and under section 35(3) (C) of the Advocates Act, 1961.

(iii) For quashing the entire disciplinary proceeding initiated behind the back of these petitioners."

2.

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, 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.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U