Rakesh Chandra vs Jyoti Singh - 2022 Supreme(All) 1671

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1671

ROHIT RANJAN AGARWAL
Rakesh Chandra – Appellant
Versus
Jyoti Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Udham Singh, Om Prakash Vishwakarma

JUDGMENT :

1. Heard learned counsel for the applicant.

2. The applicant before this Court had approached the Writ Court through Writ-C No.31994 of 2021, wherein on 04.12.2021 the opposite party was required to decide the restoration application filed in Case No.4636 of 2018 bearing Computerized Case No.T201814360304636 under Section 116 of U.P. Revenue Code, 2006 within a period of three months.

3. The order-sheet of the proceedings has been brought on record as Annexure-6 to the affidavit filed in support of contempt application, which reveals that lawyers practising in Tehsil Machhalishar, District Jaunpur are constantly on strike from 18.10.2021 to 11.07.2022. As such, the officers could not proceed with the matter and decide the proceedings due to constant call of strike given by the members of Bar at Tehsil Machhalishar District Jaunpur.

4. Constitution Bench of Hon'ble Apex Court in case of Ex-Capt. Harish Uppal Vs. Union of India, (2003) 2 SCC 45 held that the constant strike by the lawyers is hampering the judicial work and the lawyers being the officers of the Court cannot go on token strike. Relevant paragraphs no.20, 21, 22 and 23 are extracted as under:-

"20. Thus the law is

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