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1988 DIGILAW 213 (GUJ)

PREMCHAND MANEKCHAND KOTHARI v. STATE

1988-12-12

R.A.MEHTA, R.K.ABICHANDANI

body1988
R. A. MEHTA, J. ( 1 ) THE petitioners challenge the notification Annexure A dated 12-12-88 establishing the Court of Civil Judge (Senior Division) Dhrangadhra. The said notification also prescribes the local limits of ordinary jurisdiction of that Court to consist of Dhrangadhra Halvad Banjana and Patdi Talukas of Revenue district of Surendranagar. ( 2 ) ON 29-12-88 notices were issued to the respondents returnable on 17-1-1989 and interim relief against operation of the notification was granted in so far as inclusion of Bajana and Patdi Tal Talukas of Revenue district of Surendranagar within the local limits of original jurisdiction of Civil Court (Senior Division) Dhrangadhra is concerned. ( 3 ) THE learned Counsel for the petitioners submitted that there is no jurisdiction for establishing such Court of Senior Division at Dhrangadhra and the High Court had already come to such conclusion after examining the matter in detail and without any change in circumstances the Court of Senior Division is established and it submitted that this action of the Government is taken without any justification merely because the then Law Minister was hailing from Dhrangadhra and on account of his influence the Government had taken a decision to have a Senior Division Court at Dhrangadhra. It is also submitted that the members of Bajana Bar had objected to the establishment of a separate Senior Division Court at Dhrangadhra. ( 4 ) AFFIDAVIT-IN-REPLY is filed by the Under Secretary (Legal Department) Government of Gujarat. It is admitted that the representation of the Dhrangadhra Bar Association for establishment of the Court of Civil Judge (Senior Division) and also the Court of Sessions at Dhrangadhra was considered by the High Court and the High Court did not find any justification for establishing the Court of Sessions and that of Civil Judge (Senior Division) at Dhrangadhra. Thereafter on the request of the Government the High Court had furnished the details about filing and disposal of civil and criminal cases in the subordinate Courts of Surendranagar district including suits and miscellaneous matters filed and disposed of within two last two years in the courts of Civil Judge (S. D.) Surendranagar and also of Dhrangadhra Halvad Patdi and Bajana. Thereupon the Government addressed a letter to the High Court soliciting information of the High Court whether it would be possible for a Civil Judge (Senior Division) and a Joint District Judge or an Assistant Judge to hold the sitting at Dhrangadhra for a particular period of time every month. The High Court considered this request and did not agree for the Court of Assistant Judge or a Joint District Judge at Dhrangadhra but agreed to establish a Court of Civil Judge (Senior Division) at Dhrangadhra for one week in a month and the Government was asked to issue necessary orders under the Bombay Civil Courts Act. There was a further communication and ultimately the High Court after considering the matter from all relevant factors sent a communication through the Registrar on 12-12-1988 stating that it was intended that an establishing a Court at Dhrangadhra direct filing of special civil suits and other matters triable by the Court of Civil Judge (Senior Division) will be at Dhrangadhra and the Court and permanent staff will have to be provided at Dhrangadhra and the Court will have jurisdiction over Dhrangadhra Halvad Patdi and Bajana Talukas and accordingly a draft notification was enclosed with the said communication and on the same day the Government had published this notification. ( 5 ) IT is submitted by the learned Counsel for the petitioners that without there be in any further and fresh material earlier decision has been reversed without any rhyme or reason and because the Law Minister who hails from Dhrangadhra wanted to have Court established at Dhrangadhra. ( 6 ) THIS submission cannot be accepted. The matter has been examined from time to time and at all levels. When the High Court did not agree for establishment of a full-fledged Court of Civil Judge (Senior Division) and Court of Additional Sessions Judge and Joint District Judge or Assistant Judge at Dhrangadhra it had not examined the question in light of the subsequent Government request. After examining the facts and the material the Government had come out with a counter suggestion and that was found reasonable and justified and therefore it was accepted by the High Court and accordingly the High Court had sent the draft notification. ( 7 ) IT is to be noted that Bajana and Patdi are part of Dhrangadhra sub-division and Surendranagar sub-division. ( 7 ) IT is to be noted that Bajana and Patdi are part of Dhrangadhra sub-division and Surendranagar sub-division. It is also pointed out that for all revenue and police purposes it is one sub-division. Once it is found that there is justification for establishing a Court at Dhrangadhra for the entire sub-division and it would not be possible to separate some Talukas of sub-division and add them to another sub-division of Surendranagar It is one integrated unit which is taken into consideration and on justification having been found in that integrity a decision has been taken to establish the Court In fact the decision to establish of Court on the recommendation and after consultation with the High Court would hardly be justiciable issue ( 8 ) IN the result the petition fails and is dismissed Interim relief vacated Notice discharged No order as to costs notice discharged .