IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJAY KAROL, CJ and PARTHA SARTHY, J.
CWJC No.10944 of 2022
(7.12.2022)
Upendra Narayan Sinha ... Petitioners
vs.
State of Bihar & Ors. ... Respondents
Constitution of India – Article 226 – Demolition of Patna Collectorate Bar Association Building – Process of shifting of members of Bar to alternate premises and establishment of requisite infrastructure shall commence forthwith – In case of any difficulty in implementing understanding entered into between parties, President of Bar Association can approach Divisional Commissioner, Patna Division – All modern facilities, including process of digitization; sanitation etc. shall be provided by State – Present proceedings closed being fully satisfied with action taken by respondents in meeting urgent requirement of all stakeholders. (Paras 9, 10, 17 and 18)
All India Judges Assn. vs. Union of India, (2010) 14 SCC 705; Brij Mohan Lal vs. Union of India, (2012) 6 SCC 502; All India Judges Assn. vs. Union of India, (2018) 17 SCC 555 – Relied.
Sanjay Karol, CJ.—Heard learned counsel for the parties.
2. Giving the backdrop of the establishment of the Justice Delivery System in Patna and setting up of the Courts, more particularly at Patna Sadar S.D.M. Court, the General Secretary of the Collectorate Bar Association, Patna, has filed the instant petition, inter alia, praying as under:—
i. To restrain the respondents from demolishing Patna collectorate Bar Association building located near the office of the S.D.M., Patna in Patna collectorate campus.
ii. To restrain the Respondents from sifting the office of S.D.M. Patna Sadar from its present place/site/location to any other far-flung place.
iii. To locate the office of Patna Sadar S.D.M Court in the vicinity of the present place of its location after making full-fledged sitting arrangement for the advocates who are practicing there.
iv. To allow the present Patna Collectorate Bar Association to continue alternative till effective arrangement is not made for sitting of lawyers.
v. To formulate a policy/decision that sitting arrangement for the practicing advocates should be made in the same building in which executive magistrate court's function and comply with the same.
vi. To make sitting arrangements for the advocates who are practicing in Patna Sadar S.D.M.'s Court where the Executive Magistrate Court is situated.
B. To any other relief/s which the Petitioner is found entitled to.
3. Considering the importance, significance and relevance of the issues highlighted by the petitioner, more so with respect to seating and functioning of the members of the legal fraternity; and other stake-holders, including the Clerks, Stenographers, Typists; Vendors and Litigants, this Court on 23rd of November, 2022 had interacted with Shri Kumar Ravi, Divisional Commissioner, Patna Division.
Appreciably, noticing the plight of the members of the Bar, the said officer agreed to find a workable solution.
4. In the supplementary affidavit dated 05.12.2022, filed by the Senior Deputy Collector, Patna, of which we are informed, is obviously under the instructions of the Divisional Commissioner, Patna, the respondents have come out with a proposal in the following terms:—
“8. That the said committee has submitted its revised proposal wherein temporary and permanent alternative arrangements have been made. The detail report/proposal made in this regard including the measurement report has been submitted by the committee.
9. That as per the aforesaid report, it has been mentioned that at present there is 2911 Sq.ft built up area of the Collectorate Bar Association Building. The nearest place for making temporary alternative arrangements has been identified to be ground floor of Vikash Bhawan where there is 4 Big Halls, 6 rooms, 4 toilets including 2 ladies toilets and a long corridors with drinking water facility. Thus total built up area being provided is of 4267 Sq. Ft.
10. That apart from the above, additional open area of 2327 Sq.Ft. shall be made available for the Collectorate Bar Association in South of the wall in the outer campus along with electric connection in open space area shade will be constructed for the typist and other purposes.
11. That as far as permanent arrangement is concerned, after the construction of the New Collctorate Building, apart from ground floor area 4 big hall and 3 extra rooms and 4 toilets shall be made available in Vikash Bhawan, Patna in the first floor which add upto 4272 Sq.ft. for the use of Collectorate Bar Association. Thus the total built up area under the use of Collectorate Bar Association will become 8,539 Sq.ft. (4267+4272) in addition with open space area 2327 Sq.ft.. Thus the total space provided will be 10866 Sq.ft., which is more than the area of present Collectorate Bar Association building and Campus.
12. That in view of the aforesaid proposal, order shall be issued after approval by the competent authority and the shifting process of the Collectorate Bar Association to Vikash Bhawan, Patna shall be un
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(1) Administrative functioning and decision-making cannot be moved to judicial side of Supreme Court.(2) Members of Bar, together with litigants, have important role in functioning of judicial instit....
Article 39A of Constitution of India provides for equal justice and free legal aid.
Access to proper sanitation is a fundamental right under Article 21, requiring the State to provide and maintain adequate toilet facilities in judicial premises for all genders.
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