A. K. SARKAR, B. P. SINHA, J. R. MUDHOLKAR, N. RAJAGOPALA AYYANGAR, S. R. DASS
Devata Prasad Singh Chaudhuri – Appellant
Versus
Chief Justice And Judges Of Patna High Court – Respondent
Judgment
S. K. DAS, J. : This is a writ petition on behalf of the Bihar State Mukhtars Association, Patna and the Vice-President and the General Secretary thereof. The petition has been heard ex parte as there has been no appearance on behalf of the Chief Justice and Judges of the Patna High Court who were cited as respondents to the petition.
2. The petitioners contend that certain rules of the Patna High Court made as far back as 1922 under S. 11 of the Legal Practitioners Act, 1879 (Act XVIII of 1879), hereinafter referred to as the Act, in respect of the functions, powers and duties of Mukhtars practising in the subordinate Courts are now invalid and void, because they contravene the fundamental right of the petitioners guaranteed under Art. 19 (1) (g) of the Constitution of India and are not saved by cl. (6) thereof. The petitioners have, in particular, challenged the validity of R. 2 made by the said High Court under S. 11 of the Act and incorporated in Chap. III, Part VII of the General Rules and Circular Orders of the High Court of Judicature at Patna (Civil), 1922. The petitioners pray that an appropriate writ, direction or order be issued by this Court declaring that R. 2
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