S. RAJENDRA BABU, J. ( 1 ) THE petitioner is an Advocate practising in this Court. He states that he is interested in the independence of the Judiciary and hence is espousing the cause stated in the petition. He contends that the conditions of service of High Court Judges provide for the privilege of residential accommodation and therefore there is an obligation on the part of the Government to assign or locate certain number of houses for Judges and they should not be driven to approach the Executive to secure accommodation thus preventing any erosion to their sense of independence and seeks for the following reliefs :-" (I) Call for information from the respondent regarding availability of official bungalows belonging to the State Government; (ii) Issue appropriate directions to identify suitable bungalows for the exclusive use and occupation of the High Court Judges and place such bungalows at the disposal of the High Court of Karnataka for allotment as official residence to the Judges who are in need of such residence, and other incidental reliefs". ( 2 ) MAKING a provision or assigning a fixed number of houses of Judges involves examination of the question as to availability of premises, the priority and needs for accommodation of others who are equal in status, the efforts made by the High Court Administration, the co-operation extended by the Government in that behalf and such other relevant aspects. The primary point to be decided in such a matter is, whether such questions should be adjudicated on the Judicial side or dealt with at the administrative level?. ( 3 ) IN pursuance of any order made in the petition even if houses are identified from Government buildings or those taken on lease from private sources for such number of Judges as there are, there could be innumerable difficulties - some Judges may not avail of the facility but continue to reside in their own houses taking advantage of the compensation payable in lieu of housing accommodation; some others may like to reside in houses owned by close relatives, such as spouse or child or members of joint family, which may be rented by the Government for the benefit of those concerned Judges; Yet others may not find the house allocated, to their taste or convenience. In such circumstances, the question.
In such circumstances, the question. whether mere allocation of houses to as many Judges as there are would solve the problem?. The question also arises as to whether private accommodation should be obtained on lease or whether any permanent arrangement should be made by construction of required number of houses. In which eventuality, will it be proper to settle the matter of this nature by Judicial pronouncement under Article 226 of the Constitution?. And, my answer to this question is a firm 'no'. ( 4 ) IT is argued that if such allocation is not made, Judges' independence would be affected, but in my view, Judges are made of sterner stuff capable of functioning with dignity, impartiality and independence even when placed in austere circumstances of a humble house. The quality of Justice does not depend upon whether a Judge lives in a palatial bungalow or modest abode but on the Judge himself. He shines most when there is selfdenial and abnagation. ( 5 ) A Judge is undoubtedly entitled to reasonable accommodation as provided under the relevant Rules, which I am confident, is the endeavour of the Government to provide, but in spite of its best efforts and willingness to do so there would be delay on account of acute shortage of suitable houses in Bangalore City, which is a notorious fact. That by itself should not sensitivise Advocates to approach this court to provide relief to Judges in the matter of providing accommodation. In that light, I think the proper course would be that the matter be best left to be tackled by Hon'ble Chief Justice and the Administration of the High Court as also the responsive and responsible Government and not a matter to be dealt with in a petition under Article 226 of the Constitution. ( 6 ) HENCE, I decline to entertain this writ petition and is accordingly rejected. Petition dismissed. --- *** --- .