Single Judge Bench dismissed a writ petition filed by Arun Mishra praying that he not be listed before a particular Judge. The Court held that case listing is the prerogative of the Chief Justice and the Registry under his authority.
Petition dismissed with costs of Rs. 20,000/-.
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Court No. - 40
Case :- WRIT - C No. - 10196 of 2021
Petitioner :- Arun Mishra Respondent :- High Court Of Judicature At Allahabad Counsel for Petitioner :- Arun Mishra Counsel for Respondent :- Ashish Mishra
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.
This petition has been filed with a strange prayer by impleading the High Court as a party respondent. The prayer is that certain writ petitions be listed before a Court not comprising a particular Judge.
Sri Ashish Mishra, who represents the High Court has informed the Court that the writ petitions mentioned in the relief clause have already been decided by this Court and therefore, even assuming that the first prayer made is maintainable, the same is mis-conceived.
Sri Arun Mishra, who appears in person, therefore, presses the second prayer which is that no case filed by him be listed before a Court comprising a particular Judge.
It is well settled that the master of the roster is The Chief Justice. It is the prerogative of The Chief Justice as to before which Judge or Judges the matter is to be listed. The list is prepared by the Registry, under the authority of The Chief Justice. Under the circumstances, no direction could be issued to the High Court not to list cases of a particular counsel before a particular Judge.
The prayer made by the petitioner is completely mis-conceived. The petition is dismissed with costs of Rs. 20,000/-.
Order Date :- 21.6.2021 Ujjawal
1 issue framed by the court
Whether a writ can direct the High Court to list cases before a judge other than a specified one.
Arun Mishra
High Court Of Judicature At Allahabad
Manoj Misra
Anil Kumar Ojha
As recorded by the court registry
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