Kanchan and others Kanchan and others v. Rahul Yadav
Case Details
COCP-2199 2199-2023 (O&M) [1] 117 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH COCP No. COCP No. 2199-2023 (O&M) Date of Decision: 21.01.2025 Date of Decision: Kanchan and others Kanchan and others ...Petitioners VERSUS Rahul Yadav, Advocate, President of Bar Association, Pataudi Rahul Yadav, Advocate, President of Bar Association, Pataudi Rahul Yadav, Advocate, President of Bar Association, Pataudi Rahul Yadav, Advocate, President of Bar Association, Pataudi and another another ...Respondents
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE CORAM: HARKESH MANUJA Present: Mr. Abhimanyu Singh, Advocate Present: , Advocate for the petitioners. Mr.Ashish Yadav, Advocate Ashish Yadav, Advocate for the respondents. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, and 12 By way of present petition filed under Sections 11 and 12 By way of present petition of the Contempt of Courts Act, 1971, prayer has been made for of the Contempt of Courts Act, 1971, prayer has been made for of the Contempt of Courts Act, 1971, prayer has been made for of the Contempt of Courts Act, 1971, prayer has been made for on account of initiation of proceedings against the respondents on account of initiation of proceedings against the respondent initiation of proceedings against the respondent alleged willful non-compliance of order dated alleged willful non passed by compliance of order dated 02.06.2023 passed by this Court this Court and in CWP-12828-2023 and in CWP the same reproduced is reproduced hereunder:- hereunder: “Learned counsel for the petitioner contends that the “Learned counsel for the petitioner contends that the “Learned counsel for the petitioner contends that the petitioners were found eligible and entitled to allotment of petitioners were found eligible and entitled to allotment of petitioners were found eligible and entitled to allotment of chambers and were virtually successful. It is averted that chambers and were virtually successful. It is averted that chambers and were virtually successful. It is averted that the process of allotment of chambers was undertaken by the process of allotment of chambers was undertaken by the process of allotment of chambers was undertaken by e Committee approved by the Lawyers Chambers Welfare Committee approved by the Lawyers Chambers Welfar the Building Committee of Punjab and Haryana High Court the Building Committee of Punjab and Haryana High Court the Building Committee of Punjab and Haryana High Court and the said Lawyers Chambers Welfare Committee is still and the said Lawyers Chambers Welfare Committee is still and the said Lawyers Chambers Welfare Committee is still in existence. However, notwithstanding that the question of in existence. However, notwithstanding that the question of in existence. However, notwithstanding that the question of r eligibility and/or entitlement of an Advocate to the chamber eligibility and/or entitlement of an Advocate to the chambe was to be seen by the Lawyers Chambers Welfare was to be seen by the Lawyers Chambers Welfare was to be seen by the Lawyers Chambers Welfare Committee as per the approved eligibility criteria, the Committee as per the approved eligibility criteria, the Committee as per the approved eligibility criteria, the District Bar Association has taken resort to usurping the District Bar Association has taken resort to usurping the District Bar Association has taken resort to usurping the power of Lawyers Chambers Welfare Committee to hold power of Lawyers Chambers Welfare Committee to hold power of Lawyers Chambers Welfare Committee to hold SANJAY GUPTA 2025.01.24 12:21 I attest to the accuracy and authenticity of this document COCP-2199 2199-2023 (O&M) [2] though they have that the petitioners are ineligible, even though they have that the petitioners are ineligible, even 6 installments in lieu of the chambers already deposited 5-6 installments in lieu of the chambers 6 installments in lieu of the chambers allotted to them. Notice of motion. Notice re: stay as well. Notice re: stay as well. proxy counsel on Mr. Shivam Sharma, Advocate - proxy counsel on Mr. Shivam Sharma, Advocate behalf of Mr.Tapish Sharma, Advocate has appeared and behalf of Mr.Tapish Sharma, Advocate has appeared and behalf of Mr.Tapish Sharma, Advocate has appeared and earance on behalf of respondent No.1 filed memo of appearance on behalf of respondent No.1 earance on behalf of respondent No.1 and waives service and seeks some time to complete and waives service and seeks some time to complete and waives service and seeks some time to complete instructions. Adjourned to for 15.09.2023. Adjourned to for 15.09.2023. - In the meanwhile, the list appended as Annexure P In the meanwhile, the list appended as Annexure P- 15 shall be kept in abeyance till the next date of hearing 15 shall be kept in abeyance till the next date of hearing 15 shall be kept in abeyance till the next date of hearing insofar as the neligibility and disqualification of ineligibility and disqualification of neligibility and disqualification of the the the petitioners is concerned.” 2. Learned counsel for the petitioners submits that in terms Learned counsel for the petitioners submits that in terms Learned counsel for the petitioners submits that in terms 15 along of order dated 02.06.2023, the list appended as annexure P-15 along of order dated 02.06.2023, the list appended as annexure P of order dated 02.06.2023, the list appended as annexure P
Decision
o draw of lots with the writ petition was to be kept in abeyance, thus no draw of lots with the writ petition was to be kept in abeyance with the writ petition was to be kept in abeyance could have been carried out for the purpose of allotment of Chambers could have been carried out for the purpose of allotment of Chambers could have been carried out for the purpose of allotment of Chambers could have been carried out for the purpose of allotment of Chambers by the District Bar Association, Pataudi. by the District Bar Association, Pataudi. by the District Bar Association, Pataudi. 3. On the other hand, learned counsel for the respondents On the other hand, learned counsel for the respondents On the other hand, learned counsel for the respondents submits that there was no interim order passed by the Writ Court for submits that there was no interim order passed by the Writ Court for submits that there was no interim order passed by the Writ Court for submits that there was no interim order passed by the Writ Court for only lding draw of lots or staying the allotment process, it was only lding draw of lots or staying the allotment process, not holding draw of lots or staying the allotment process, that the ineligibility and disqualification qua the petitioners who that the ineligibility and disqualification qua the petitioners who that the ineligibility and disqualification qua the petitioners who that the ineligibility and disqualification qua the petitioners who 15 was to be kept in abeyance. He formed part of the list annexure P-15 was to be kept in abeyance. He 15 was to be kept in abeyance. He formed part of the list annexure P r, the petitioners further submits that in compliance of the interim order, the petitioners further submits that in compliance of the interim orde further submits that in compliance of the interim orde were made part of the draw of lots held on 03.06.2023 and were were made part of the draw of lots held on 03.06.2023 and were were made part of the draw of lots held on 03.06.2023 and were were made part of the draw of lots held on 03.06.2023 and were allotted Chambers and thus there was no violation of the order dated allotted Chambers and thus there was no violation of the order dated allotted Chambers and thus there was no violation of the order dated allotted Chambers and thus there was no violation of the order dated 02.06.2023. 02.06.2023. 4. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone through the paper-book. through the paper SANJAY GUPTA 2025.01.24 12:21 I attest to the accuracy and authenticity of this document COCP-2199 2199-2023 (O&M) [3] 5. al of the interim order dated 02.06.2023 clearly A perusal of the interim order dated 02.06.2023 clearly al of the interim order dated 02.06.2023 clearly 15 was never ordered to be kept in reflects that the list annexure P-15 was never ordered to be kept in 15 was never ordered to be kept in reflects that the list annexure P abeyance, but only the ineligibility and disqualification abeyance of the but only the ineligibility and disqualification of the petitioners forming part of that list was to be kept in abeyance. petitioners forming part of that list was to be kept in abeyance. petitioners forming part of that list was to be kept in abeyance. petitioners forming part of that list was to be kept in abeyance. thereby, the petitioners were to be considered for allotment Meaning thereby, the petitioners were to be considered for allotment thereby, the petitioners were to be considered for allotment Meaning their names being reflected in the list annexed their names being reflected in the list annex of Chambers de hors their names being reflected in the list annex of Chambers 15, pointing out their ineligibility or disqualification. as P-15, pointing out their ineligibility or disqualification. 15, pointing out their ineligibility or disqualification. 6. As per respondents, the petitioners were made part of As per respondents, the petitioners were made part of As per respondents, the petitioners were made part of remained successful for draw of lots held on 03.06.2023 and remained successful for draw of lots held on 03.06.2023 and draw of lots held on 03.06.2023 and allotment of chambers. In such circumstances, there is no willful allotment of chambers. In such circumstances, there is no willful allotment of chambers. In such circumstances, there is no willful allotment of chambers. In such circumstances, there is no willful disobedience with respect to the order dated 02.06.2023 passed by disobedience with respect to the order dated 02.06.2023 passed by disobedience with respect to the order dated 02.06.2023 passed by disobedience with respect to the order dated 02.06.2023 passed by Court on the part of the respondents. the Writ Court on the part of the respondents. Court on the part of the respondents. 7. 8. Resultantly, the present petition is dismissed. Resultantly, the present petition is dismissed. Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if any, shall also stand disposed of. stand disposed of. .01.2025 21.01.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.01.24 12:21 I attest to the accuracy and authenticity of this document