Allahabad High Court Rebukes Lawyer for Bench Hunting [READ ORDER]

On 28 August, Justice Vivek Agarwal of Allahabad High Court, while hearing a Writ Petition bearing no. 1260 of 2020 (Amit Kumar vs State of U.P. and Others) came down heavily on the Petitioner for “failing to point out any infringement of his fundamental rights’’

The Writ Petition was filed seeking following reliefs:

  1.  A writ order or direction in the nature of mandamus commanding and directing to the respondent no.2 to decide the application dated 07.07.2020 which has been given by the petitioner and other co-villagers, which is pending before him (Annexure-3 to this writ petition)
  2.  A writ, order or direction in the nature of mandamus commanding and directing to stop the construction of the Barat Ghar situated in village Manak Chauk, Post Nanpur, District-Hapur.
  3.  Any other writ, order or direction as this Hon’ble Court may deem fit and proper in the nature and circumstances of the case. IV- 
  4. Award the cost of petition to the petitioner.

The Court asked ther Petitioner to show cause why he has approached the High Court so soon when his application was filed only on 07.07.2020 before the respondent no.2 i.e. District Magistrate, Hapur. To this query the Petitioner submitted that he has filed an application under Right to Information Act (RTI) and a direction be issued to the authorities to decide the application expeditiously.

The Court further asked the Counsel of the petitioner to show as to which of his Fundamental Right has been infringed and what is the locus of the Petitioner, on which the Counsel for the Petitioner sought adjournment.

The Court dismissed the Petition with the following observation:

“This kind of practice of Bench hunting seeking time when confronted with queries is not a healthy practice for the Bar.”

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