SUDARSHAN AND 3 OTHERS v. DEPUTY DIRECTOR OF CONSOLIDATION AND 5 OTHERS
WRIB/4430/2024 · 2025-02-10
J J Munir
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108207 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108207 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19166 Court No. - 49 Case :- WRIT - B No. - 4430 of 2024 Petitioner :- Sudarshan And 3 Others Respondent :- Deputy Director Of Consolidation And 5 Others Counsel for Petitioner :- Himanshu Pandey,Shivani Singh Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J. A personal affidavit has been filed on behalf of the Collectorate Bar Association, District Ghazipur in Court today by Mr. Pramod Kumar Pandey, Advocate. It is taken on record. Let it be numbered by the office. The explanation given by the President of the Collectorate Bar Association is reluctantly accepted subject to the condition that the Collectorate Bar Association will desist from passing any resolution, the effect of which is to require their members to abstain from professional duties. If the Court notices that this order is being observed in breach in future proceedings, we might be compelled to take steps to give effect to the law laid down by the Supreme Court in Ex-Capt. Harish Uppal v. Union of India and another, (2003) 2 SCC 45, Common Cause, a registered society and others v. Union of India and others, (2006) 9 SCC 295, Krishnakant Tamrakar v. State of Madhya Pradesh, (2018) 17 SCC 27 and District Bar Association, Dehradun through its Secretary v. Ishwar Shandilya and others, (2020) 17 SCC 67, which may involve measures, including suspension or dissolution of the Bar Association. The orders of the Supreme Court are binding on all the Courts under Article 141 of the Constitution of India and cannot be trifled
with. The Bar is a part of the Court and every individual/member of Bar is an officer of the Court. He/she cannot disregard the law laid down by the Supreme Court. This part of the matter is laid to rest here for the present. The report dated 30.01.2025 has been submitted by the Consolidation Officer, Ghazipur deciding the petitioner's objection under Section 9-A(2)of the U.P. Consolidation of Holdings Act, 1953 vide judgment and order dated 27.01.2025. A photostat copy of the said order is taken on record with other papers.
In view of the Consolidation Officer's judgment deciding the objections under Section 9-A(2) of the Act of 1953 and the fact that what is under challenge here is the order of remand made by the Deputy Director of Consolidation pursuant to which the Consolidation Officer has decided, this petition is disposed of with liberty to the petitioner to urge such grounds that he urges in this petition against the orders of remand, before the competent forum entitled to hear an appeal etc. from the order of the Consolidation Officer. Order Date :- 10.2.2025 Deepak Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad