Ajay Kumar Singh @ Sanjay Singh v. State of U.P & Ors.

Heard the learned Counsel for the petitioner, Mr. Abhishek Kumar, learned Counsel appearing on behalf of Mr. Rajesh Kumar, President of the Collectorate's Bar Association, Ballia at length and Mr. Sanjay Kumar Ray, learned Standing Counsel.

In this case, since the objections under Section 9-A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 have been decided vide order dated 22.01.2025, the relief sought in this petition no longer survives. The other issue involved is about strike resolutions passed by the Collectorate Bar Association, Ballia. Considering the law laid down against members of the Bar or their office bearers striking work, in Ex- Capt. Harish Uppal v. Union of India and another, (2003) 2 SCC 45, Common Cause, a registered society and others v. Union of India and others, (2006) 9 SCC 295, Krishnakant Tamrakar v. State of Madhya Pradesh, (2018) 17 SCC 27 and District Bar Association, Dehradun through its Secretary v. Ishwar Shandilya and others, (2020) 17 SCC 67, and, in particular, the order of the Supreme Court dated 20.12.2024 passed in Petition(s) for Special Leave to Appeal (C) No (s). 19804-19805/2024, Faizabad Bar Association vs. Bar Council of Uttar Pradesh & others, notice was issued to the President and the Secretary of the Collectorate Bar Association, Ballia to show cause why action in terms of the orders of the 2 Supreme Court dated 20.12.2024 passed in Petition(s) for Special Leave to Appeal (C) No (s). 19804-19805/2024, Faizabad Bar Association vs. Bar Council of Uttar Pradesh & others be not taken against the said Association and its members. The Bar Association was also injuncted from passing resolutions asking members to abstain from their duties in Court and further directing such resolutions to be ignored by every officer exercising consolidation and revenue jurisdiction at Ballia.

In compliance with the order dated 10.01.2025 passed in the present writ petition, an application seeking unconditional apology made by Mr. Rajesh Kumar, Advocate, President of the Collectorate Bar Association, Ballia was moved in Court with the President of the Ballia Bar appearing. It was supported by an affidavit. There was also a report dated 24.01.2025 submitted by the Consolidation Officer, Ballia saying that T.B. Case No.179/223/2025, Chandra Shekhar v. Ram Hosila and others, has been decided vide order dated 22.01.2025. We noticed in the order dated 31.01.2025 that so far as the relief sought by the petitioner is concerned, there was nothing to be done. However, orders were reserved about action to be taken in the matter regarding disruption of work by the Bar, regarding which the President of the Collectorate Bar Association, Ballia has sought apology.

We accept the apology tendered by Mr. Rajesh Kumar, Advocate, President, Collectorate Bar Association, Ballia with the condition that in case any resolution is passed by the said Bar Association, asking members to abstain from work, immediate action shall be taken for removal of members of the Bar from office in terms of the order dated 20.12.2024 passed in Petition(s) for Special Leave to Appeal (C) No (s). 19804- 3 19805/2024, Faizabad Bar Association vs. Bar Council of Uttar Pradesh & others.

Let this order be served upon the Collector, Ballia, who is the District Deputy Director of Consolidation, the Deputy Director of Consolidation, Ballia and the Presiding Officers of all Revenue and Consolidation Courts as also the President and the Secretary of the Bar Association, where members of the Collectorate Bar Association, Ballia appear and discharge their professional duties, through the learned Chief Judicial Magistrate, Ballia by the Registrar (Compliance).