SURESH CHANDRA VARSHNEY AND CO. v. STATE OF UTTAR PRADESH
2000-03-30
D.R.CHAUDHARY, M.KATJU
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DigiLaw.ai
M. KATJU AND D. R. CHAUDHARY, JJ. ( 1 ) LEARNED standing counsel prays for and is granted one months time to file counter-affidavit. List in the week commencing 8th May. 2000. ( 2 ) AGAINST the impugned order of the Deputy Collector dated 3. 2. 2000 passed under Section 33 of the Stamp Act admittedly a revision lies to the Commissioner under Section 56 of the Act. Hence ordinarily, we would have relegated the petitioner to his alternative remedy. ( 3 ) HOWEVER, learned counsel for the petitioner has stated that a revision cannot be filed by the petitioner before the learned Commissioner because the lawyers in the Meerut Commissionery are on strike and they are not permitting any judicial work to be done. ( 4 ) IT has come to our notice that in about half of the District Courts In the State of U. P. , the lawyers are on strike for about a month and they are not permitting any judicial authority to work. This is deeply regrettable and highly objectionable. The Judiciary exists for serving the people and not for the lawyers and Judges, in our view, the attitude of the lawyers of the District courts and Commissionery of U. P. who are on strike for the last about one month Is most irresponsible. This act of the lawyers will no longer be tolerated by this Court and nobody will be allowed to hold the judiciary to ransom. A Division Bench of this Court in Manoj Kumar v. Civil Judge, 1997 (3) UPLBEC 1767 , has held that if lawyers go on strike, even then Courts must sit and pass judicial orders even in absence of the lawyers, and it the functioning of the courts is disturbed by anybody, police help must be taken by the District Judge or other presiding officer. The people of the State are fed up with lawyers strikes and they are suffering greatly. The lawyers must understand that litigants, witnesses, etc. come to Court from far off places often at heavy expense but they find that the Courts are closed Just because the lawyers are on strike. This is most unfair to the litigants or their witnesses.
The people of the State are fed up with lawyers strikes and they are suffering greatly. The lawyers must understand that litigants, witnesses, etc. come to Court from far off places often at heavy expense but they find that the Courts are closed Just because the lawyers are on strike. This is most unfair to the litigants or their witnesses. ( 5 ) WE, therefore, direct the Judges of all District Courts, Commissioner, and other presiding officers of the Courts or authorities where judicial or quasi-judicial work is being done that from tomorrow, they must start sitting in Court and start hearing of the cases and pass orders even in the absence of the lawyers who are on strike. If anybody disturbs the working of the Courts the district Judge, Collector. Commissioner or the presiding officer of the Court concerned or authority shall call the police and prevent them from doing so. The lawyers must know that enough is enough. ( 6 ) THE Registrar of this Court shall circulate a copy of this order forthwith to all the District courts in Uttar Pradesh as well as to all Commissioners, and other judicial of quasi-Judicial authorities, subordinate to the High Court under Article 227 of the Constitution. The learned standing counsel shall also send a copy of this order to the Law Secretary to the U. P. Government who must circulate a copy of this order to all the District Courts and authorities concerned. The District Judges. Commissioners, and other judicial quasi-judicial authorities must send compliance report to the Registrar of this Court. ( 7 ) SINCE the petitioner is unable to file a revision against the impugned order on the facts and circumstances of the case, we stay the operation of the impugned order till further orders. .