Shakuntala Devi vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Shakuntala Devi vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Notice issued to the Settlement Officer of Consolidation, Jaunpur to show cause by 10.03.2025 why appropriate disciplinary proceedings be not recommended against him; up-to-date status report directed; petition adjourned by a week to 10.03.2025 to be taken up as fresh; Registrar (Compliance) directed to communicate the order to the Settlement Officer of Consolidation, Jaunpur through the learned Chief Judicial Magistrate, Jaunpur within 24 hours.

Issue for consideration

Whether disciplinary proceedings should be recommended against the Settlement Officer of Consolidation, Jaunpur for adjourning proceedings on account of the Bar's resolution asking Advocates to abstain from judicial work. +1 more

Court's answer

Acting on a resolution by the Bar directing its members to abstain from judicial work is contrary to the law and directions laid down by the Supreme Court in Ex-Capt. Harish Uppal, Common Cause, Krishnakant Tamrakar and District Bar Association, Dehradun.

Ratio / Principle

The adjournment of proceedings before the Settlement Officer of Consolidation on account of the Bar resolution is in violation of the order of the Division Bench of this Court dated 25.09.2024 in Contempt Application (Criminal) No. 12 of 2024 (In Re.: District Bar Association of Prayagraj).

Detailed headnote1 paragraphs

Allahabad High Court (J.J. Munir, J.), order dated 27.2.2025 in WRIT - B No. 4968 of 2024 (Shakuntala Devi v. State of U.P. and others). Taking exception to a second adjournment after supervision, the Court noted that the Settlement Officer of Consolidation, Jaunpur had adjourned proceedings on 25.02.2025 on account of a Bar resolution asking Advocates to abstain from judicial work. Held such action contrary to the law and directions of the Supreme Court in Ex-Capt. Harish Uppal v. Union of India, (2003) 2 SCC 45; Common Cause v. Union of India, (2006) 9 SCC 295; Krishnakant Tamrakar v. State of M.P., (2018) 17 SCC 27; and District Bar Association, Dehradun v. Ishwar Shandilya, (2020) 17 SCC 672, and violative of the Division Bench order dated 25.09.2024 in Contempt Application (Criminal) No. 12 of 2024 (In Re.: District Bar Association of Prayagraj). Notice to show cause by 10.03.2025 why disciplinary proceedings not be recommended; status report ordered; matter adjourned to 10.03.2025; communication through CJM, Jaunpur within 24 hours.

Court No. - 49

Case :- WRIT - B No. - 4968 of 2024

Petitioner :- Shakuntala Devi Respondent :- State of U.P. and others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C.

Hon'ble J.J. Munir,J.

In compliance with the order dated 10.02.2025, a further report dated Nil, together with a covering memo dated 25.02.2025 has been filed by the Settlement Officer of Consolidation, Jaunpur. This is a second adjournment after our supervision. It is noticed that date on 25.02.2025 has been adjourned on account of a resolution of the Bar, asking Advocates to abstain from judicial work. The Settlement Officer of Consolidation ought know that acting on a resolution by the Bar, directing its members to abstain from judicial work is contrary to the law and directions 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 672 . It is also in violation of the order of a Division Bench of this Court dated 25.09.2024 passed in Contempt Application (Criminal) No. 12 of 2024 In Re. : District Bar Association of Prayagraj .

Issue notice to the Settlement Officer of Consolidation, Jaunpur to show cause, on or before 10.03.2025, why for adjourning the case on 25.05.2025, acting on the resolution of the Bar, asking their

members to abstain from judicial work, appropriate disciplinary proceedings be not recommended to be initiated against him.

It goes without saying that the Settlement Officer of Consolidation, Jaunpur shall apprise the Court about the current status of proceedings. The next date before the Settlement Officer of Consolidation is said to be 04.03.2025.

Accordingly, the petition is adjourned by a week and will appear again on 10.03.2025 .

To be taken up as fresh .

By that time, an up-to-date status report shall be submitted by the Settlement Officer of Consolidation, Jaunpur.

The Registrar (Compliance) is directed to communicate this order to the Settlement Officer of Consolidation, Jaunpur through the learned Chief Judicial Magistrate, Jaunpur within 24 hours next . Order Date :- 27.2.2025

I. Batabyal

Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad