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2016 Supreme(Bom) 521

A.S.OKA, C.V.BHADANG
Partur Advocate Bar Association – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. S.B. Talekar a/w Ms. Pradnya Talekar and Mr. Vinod Sangvikar for the Petitioner.
Mr. A.B. Vagyani, Mr. V.B. Thadani, AGP for the Respondent No.1.
Mr. E.P. Bharucha, Senior Advocate a/w Mr. Sanjay Udeshi i/by M/s. Sanjay Udeshi

JUDGMENT :

A.S. OKA, J.

The issue involved in this Petition under Article 226 of the Constitution of India is as regards the establishment of the Courts of the District and Additional Sessions Judge as well as the Civil Judge, Senior Division at Partur, Taluka Partur, District Jalna. The issue which arises for consideration is for establishing the said Courts, which is the decision making authority, the State Government or the High Court Administration.

2. With a view to appreciate the submissions canvassed across the Bar, a brief reference to the facts of the case will be necessary. The Petitioner is a Bar Association of the Advocates at Partur. At Partur, which is a Taluka Headquarter, there is a Court of Civil Judge (Junior Division) and the Judicial Magistrate First Class. The Petitioner Association has been espousing the cause of the people living in Talukas of Partur, Mantha and Ghansawangi in District Jalna and have taken up their demand for establishing the Courts of Additional District Judge, Additional Sessions Judge (for short “the ADJ”) and the Court of Civil Judge, Senior Division (for short “the CJSD ”) at Partur for the aforesaid three Talukas. The Petitioner has pointe






















































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