The Allahabad High Court, in a significant ruling in Writ – B No. 247 of 2025, has strongly criticized administrative officials for their improper reference to a judicial officer in an official report. The case, Girish Chand vs. State of Uttar Pradesh & Others, was presided over by Justice J.J. Munir, who took serious exception to the omission of the formal salutation while referring to a female Civil Judge.
Background of the Case
The writ petition was filed by Girish Chand, the petitioner, against the State of Uttar Pradesh and other administrative respondents regarding a land dispute concerning Plot Nos. 709 and 711 in Ghazipur district. The petitioner was represented by Advocate Bhole Ram, while the respondents were represented by Advocate Bhupendra Kumar Tripathi, Chief Standing Counsel.
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The dispute arose when the Collector of Ghazipur, the Superintendent of Police, the Settlement Officer of Consolidation, and the Station House Officer of Rampur Manjha Police Station jointly submitted a report regarding land usage and construction. The High Court had earlier directed the parties to submit objections to a Commissioner’s report prepared by Civil Judge (Senior Division), Ghazipur.
Key Legal Issues
The case primarily revolved around two issues:
Land Ownership and Construction Rights – Whether the state authorities could proceed with construction on Plot No. 709, which the petitioner claimed ownership over, while allowing construction on Plot No. 711.
Breach of Judicial Courtesy and Respect – Whether the administrative authorities had breached judicial decorum by improperly addressing a sitting Civil Judge in their official report.
Court’s Observations and Ruling
Justice Munir took strong exception to the way the Civil Judge (Senior Division), Ghazipur, was referred to in the official report. The court noted:
“This breach of propriety appears to be a serious and disturbing trend amongst administrative officials, where they seem to think small of the learned Judges in the District Court and take liberties with them.”
The court held that the failure to use “Ms.” or “सुश्री” before the Judge’s name indicated a lack of respect for the judiciary. Expressing displeasure, the court directed the Collector of Ghazipur and the Superintendent of Police, Ghazipur, to file personal affidavits within a week, explaining their conduct.
Regarding the land dispute, the court allowed construction on Plot No. 711, confirming that it does not belong to the petitioner. However, all construction was barred on Plot No. 709, and the respondents were permitted to remove any material already placed there. The court clarified:
“The respondents shall be free to raise their constructions over Plot No. 711, that is to say, the police station, but not in Plot No. 709.”
The case has been adjourned to March 11, 2025, and will be taken up in the additional cause list at 10:00 AM. The court has directed the Registrar (Compliance) to ensure that this order is communicated to the concerned officers via the Chief Judicial Magistrate, Ghazipur, within 24 hours.
Case Details:
Case Title: Girish Chand vs. State of Uttar Pradesh & Others
Case Number: Writ – B No. 247 of 2025
Bench: Justice J.J. Munir
Petitioner’s Counsel: Advocate Bhole Ram
Respondent’s Counsel: Advocate Bhupendra Kumar Tripathi, C.S.C.