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2011 Supreme(Kar) 528

High Court of Karnataka
THE HONOURABLE MR. JUSTICE D.V. SHYLENDRA KUMAR
Haragi Parasappa @ Giddappa
Versus
State of Karnataka Represented by its Secretary & Others
Writ Petition No. 2947 of 2011 (KLR-LG)
Decided on : 25-08-2011

Advocates appeared:
For the Petitioner:B.P. Rupa, Advocate.
For the Respondents: R1 & R2 - R. Om Kumar, AGA.

Headnote:ADVOCATES ACT, 1961 - Section 6 (1) (c): [D.V. Shylendra Kumar, J] Dismissal of Writ petition with glaring defects presented to Court and neglect on part of Advocate presenting it to rectify inspite or repeated reminders by Registry of Court - Conduct of Advocate in not responding to Registry’s request of rectify defects and letting writ petition to be dismissed amounts to misconduct and deficiency of legal service for which Advocate is answerable to client before appropriate forum. Direction issued to Secretary to State Bar Council to take commensurate action against Advocate for petitioner.

Judgment :-

1. There is no dearth of half-baked, incompetent, irresponsible advocates in legal profession. It appears, their number is increasing rather than decreasing! It is high time the professional body – Bar Council wakes up from its slumber take a deep breath, examine the level of professional standards and quality of the members practicing the noble legal profession and ensure measures to make available legal services to the community in a proper manner; that quality legal service is made available to the members of the public and the society. For such purpose it may not be sufficient if cosmetic changes are attempted at the entry levels but it is equally important that persons who are in the legal profession and those who might have got in earlier are also possessed with sufficient legal competence and if it is found that the legal equipments and skills of the members of the bar, who had got in earlier is inadequate and needs improvement made efforts and take necessary measure, to achieve this object, when alone can it be said that the Bar council having the responsibility of maintaining professional standards monitoring the conduct of the members of the legal profession is fulfilling the purpose and object of the law. i.e., The Advocate Act, as a Statutory Authority.

2. This writ petition, presented before this court on 19-1-2011, was found to have been presented in a most defective manner by the registry of this court on the scrutiny of the writ petition papers and had notified the same on the notice board of the Registry for the rectification of the following defects:

“1. Brief facts &b WP Schedule to be furnished as per Rule 2(3b) of WP Rules

2. Para No. to be corrected as per Rule 2(2) of W.P. Rules

3. Annexure not forth coming (check later, & Prayer to be specific)

4. Para no to be corrected. Memo to be stated

5. Check later as per Rule 9 of W.P. Rules

6. Check later as per Rule 6 of W.P. Rules

7. Address of R1 incomplete

8. Annexure not forth coming (check later)

9. Annexures not stated pagination left blank as per Rule 2 of Chapter XII of H.C. Rules

10. Schedule to be furnished

11. Annexures not forth coming

12. Prayer & RP to be made clear by stating Annexures Date & No

13. Classification to be check later (Annexures not forth coming)”

3. Even after expiry of 42 deays from the notification, the counsel for the petitioner having not rectified, the matter had been listed before this court for further orders on 28-6-2011 and this court granted one more week’s time for compliance. The matter was yet again on 19-8-2011, and on that day though the matter was called twice during the course of the day, there was no representation for the petitioner. However, one more week’s time was granted for rectification and the Registry was directed to list the matter for preliminary hearing if defects are removed and otherwise for dismissal on 25-8-2011. This is the background in which petition is now listed before this court.

4. A perusal of the writ petition, which is as under:

“Memorandum of writ petition under articles 226 and 227 of the constitution of India. The petitioner above named respectfully submit as follows:

1. The address of the parties for the purpose of service of summons. Notice, etc. is as shown in the cause title and the Appellants may also be sserved through their counsel RUPA B. P. Advocate. No.38/S. 4th Block 6th Main Rajajinagar, Malleswaram, Bangalore-560010.

Brief Facts of the Case:

2. The Petitioner is in absolute possession of the schedule property measuring 4.22 guntas for more than 50 years, and is an agriculturist. The Petitioner submits that the Respondents 3 and 4 are also the neighbors of the Petitioner and they also are farmers and the Respondents 3 and 4 filed an application for grant of land along with the Petitioner before the Respondent No.2.

3. The Petitioner submits that Respondent No.2, without proper verification had rejected the application made by the Petitioner, on the














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