S.K.Katriar, J.

1. Heard Mr. Madan Mohan Prasad for the petitioner, and Mr. Mohit Kumar Shah, JC to Mr. Mihir Kumar Jha for the respondents. Learned Counsel for the respondents has taken a preliminary objection that in view of the laws governing the issue, a writ petition under Art. 226 of the Constitution of India and can be filed in the Patna High Court only in English. The present writ petition is in Hindi and cannot, therefore, be entertained. Learned Counsel for the petitioner has contested this proposition and submits that a writ petition under Articles 226 and/or 227 in Hindi is maintainable in this Court.

2. Rule 1, Chapter III, Part II of the Patna High Court Rules lays down that "Every application to the High Court shall be by a petition written in the English language." Articles 348 (1) and (2) of the Constitution is relevant in the present context which reads as follows:

Language of the Supreme Court, High Court, etc. 348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.--(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides- (a) all proceedings in the Supreme Court and in every High Court,

(b) the authoritative texts- (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,

(ii) of all Acts passed by Parliament or the legislature of a State and of all ordinances promulgated by the President or the Governor of a State, and under anylaw made by Parliament or the legislature of a State, shall be in the English language.

(2) Notwithstanding anything in Sub-clause (a) of Clause (1), the Governor of a State may, with the previous consent of the President, authorities the use of the Hindi language, or any other language used for any official purpose of the State, in proceedings in the High Court having its principal seat in that State : Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court."

(3).... ........

sec. 7 of the Official Language Act, 1963 (Act 19 if 1963), hereinafter referred to as the Act, is also relevant in the present context and is set out hereinbelow for the facilitiy of quick reference : "7. Optional use of Hindi or other official language in judgments, etc. of High Courts.--As from the appointed day or any day thereafter, the Government of a State may, with the previous consent of the President, authorise the use of Hindi or the official language of the State, in additional to the English language, for the purposes of any judgment, decree or order passed or made by the High Court for that State and where any judgment, decree or order is passed or made in any such language (other than the English language), it shall be accompanied by a translation of the same in the English language issued under the authority of the High Court."

In view of the powers conferred by Art. 348 (2) of the Constitution read with sec. 7 of the Act, the Governor of Bihar has, with the previous consent of the President of India, issued the notification authorising alternative use of Hindi language in the Patna High Court except petitions under Articles 226 and 227 of the Constitution. The text of the notification is set out hereinbelow for the facility of quick reference : ********************** LOCAL LANGUEGE *********************

3. The Constitution of India is the paramount law of the country and all provisions of law enforced by Acts of the Parliament or the Legislature or under the rule-making power must conform to the provisions of the Constitution of India. It is manifest from the provisions of Art. 348 (1) of the Constitution that normally English language shall be the official language for proceedings in the Supreme Court and the High Courts in India. However, Art. 348 (2) provides that the Governor of the concerned State may, with the previous conse