The denial of benefits claimed must be reflected in the order; otherwise, it would be deemed as denied.

JUDGMENT :

Sharad Kumar Sharma, J.

The petitioner claiming himself to be a registered member of the Bar Association of the district judgeship of district Dehradun, had preferred a writ petition as against the action, which had been taken by the Resolution of the Bar Association of district Dehradun dated 15th November 2017, by virtue of which, the petitioner’s membership with the said Bar Association, was expelled. Simultaneously, there was a direction also issued by the Bar Association of district judgeship of district Dehradun, to hand over the vacant possession of Chamber No. 21, situated behind the Court of Chief Judicial Magistrate, Dehradun, which was said to be occupied by the petitioner.

2. Questioning the aforesaid two actions, when the writ petition was preferred by the petitioner i.e. Writ Petition (M/S) No.1905 of 2018, Gursharan Singh Dua Vs. High Court of Uttarakhand and another, the petitioner has sought for the following reliefs:-

“Prayer

It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to:-

“i. issue a writ, order or direction in the nature of certiorari, calling for the records and quashing the resolution dt. 15.11.2017 (publish in news paper on 16.11.2017) (Annexure No. 6 to this writ petition), passed by Bar Association, Dehradun-respondent No. 3.

ii. issue a writ, order or direction in the nature of Mandamus, commanding the Bar Association, Dehradun-respondent no. 2 to hand over the chamber no. 21, situated behind the Court of Chief Judicial Magistrate, Dehradun, forthwith to the petitioner.

iii. pass any other and further orders, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

iv. award the cost of writ petition to the petitioner.

3. The said writ petition was considered by the co-ordinate Bench of this Court and the co-ordinate Bench, vide its judgement dated 25th September 2019, had disposed of the writ petition with the following directions:-

“5. In view thereof, writ petition is disposed with direction that the District Judge, Dehradun shall hear all the concerned parties and shall take a decision as to taking away or allotting the chamber to the petitioner. Let the decision be taken by the District Judge, Dehradun as expeditiously as possible but definitely within a period of two weeks from the date of production of a certified copy of this order.”

4. In fact, if the direction which was given by the co-ordinate Bench of this Court, is taken into consideration, being conscious of the cause, which was then agitated by the petitioner in the said writ petition where the co-ordinate Bench of this Court in para 1 of the judgment dated 25.09.2019, refers to the resolution of Bar Association expelling the petitioner’s membership, therefore, had confined the direction and thereby directing the District Judge to hear all the concerned parties and take a decision as to "taking away or allotment of chamber to the petitioner, let the decision be taken by the District Judge”, as directed by the coordinate Bench of this Court on 25th September 2019.

5. On a simpler interpretation to the direction which was given by the co-ordinate Bench of this Court, in the judgement dated 25th September 2019, the only scope which was left open to be ventured by the District Judge, was pertaining to the aspect of taking away or allotment of the chamber to the petitioner. The co-ordinate Bench of this Court, being conscious of the subject, which was under consideration before it in the writ petition; pertaining to the decision of the resolution of the Bar Association for expulsion of the petitioner’s membership, the High Court has not issued any direction or ventured into that aspect in any manner whatsoever. Hence, this Court is of the view that once a relief is claimed by the petitioner before the writ Court or any other Court of law regarding expulsion of his membership, for that matter, out of the number of reliefs prayed for by the petitioner, if some of t