District Bar Association, Gopalganj, Through Its Secretary, Sri Prem Nath Nm, Advocate, Son Of Late mangal Mishra v. State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna
2010-12-06
V.N.SINHA
body2010
DigiLaw.ai
JUDGEMENT 1. Heard learned counsel for the petitioner and the State. 2. Petitioner District Bar Association, Gopalganj has filed this writ petition for a direction to the State to handover the vacant jail premises to the Association so as to enable them to provide proper sitting place to its members. It is submitted on behalf of the petitioner association that for the present the association does not have any proper sitting place for its members and they are whiling away their time outside the court premises in the makeshift hutments situate on the road side or part of the court premises, including the Verandah, which is causing disturbance in dispensation of justice. It is also submitted that for proper administration of justice a suitable sitting place for the lawyers is imperative. 3. There is no dispute with the submission of the petitioner association that its member i.e. the lawyers must be provided for decent sitting space. The old jail premises belong to the State Government and this Court is not inclined to direct the State Government to handover the vacant jail premises to the petitioner association for providing proper sitting place to its member. Such decision has to be taken by the State Government, may be on the request of the Infrastructure Committee of the High Court. 4. Accordingly, I dispose of this writ petition directing the petitioner association to approach the Infrastructure Committee of the High Court throudh the District Judge, Gopalganj and if the Infrastructure Committee is satisfied about the demand of the association, it may make suitable recommendation to the State Government for transfer of the vacant jail premises to the petitioner association. It goes without saying that the recommendation of the Infrastructure Committee shall be given due weight by the State Government.