BAR ASSOCIATION Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is an application on behalf of the petitioners praying that the writ petition may be heard and decided during Summer Vacations in view of the urgency involved in the matter.

(2.) THE petitioners filed the aforesaid writ petition for quashing the orders dated 11-4-91, 20-4-91, 25-4-91 and 26-4-91. By the impugned orders the Revenue Secretary U. P. Government directed for holding courts by the members of the Board of Revenue at divisional Head Quarters throughout the State. This writ petition was filed on 14-5-91 and was directed to come next day. On the next date it could not be taken up and this writ petition was taken up on 17-5-91. On 17-5-91 counsel for the petitioners as well as the Advocate General for the respondents were heard at some length and the case was directed to come up on 22-5-91. THE ease could not be taken up oh the said date due to the closure of the Court and thereafter this Court was closed for Summer Vacations.

(3.) FOR appreciating the argument of the learned counsel for the petitioner it is necessary to quote Rules 9 and 10 of Chapter V of The High Court Rules, Allahabad which are as follows : "9. Senior Judge-Subject to any general or special order of the Chief Justice, Senior Judges at Allahabad and Lucknow shall in the absence of Chief Justice, exercise jurisdiction at their respective places in connection with the arrangement of Benches, listing of cases and other like matters " "10. Judge on duty during vacation-(1) Criminal work shall continue to be dealt with during the vacation by such Judges as may be appointed for the purpose by the Chief Justice (They may also exercise original, appellate, revisional, civil or writ jurisdiction vested in the court in fresh matters which in their opinion require immediate attention). Such jurisdiction may be exercised even in cases which are under the rules cognizable by two or more Judges, unless the case is required by any other law to be heard by more than one Judge. ((2) Subject to any general or special order of the Chief Justice, the senior most vacation Judge at Allahabad or Lucknow. as the case may be, shall in the absence of the Chief Justice, exercise jurisdiction at Allahabad or Lucknow. as the case may be, in connection with the arrangement of Benches, listing of cases and other like matters). A perusal of Rule 9 and Sub-Rule (2) of Rule 10 provides that subject to any general or special order to the Chief Justice, Senior Judges at Allahabad and Lucknow shall in absence of Chief Justice, shall exercise jurisdiction at their respective places in connection with the arrangement of Benches, listing of cases and like matters. Sub-Rule (1) of Rule 10 provides that the Judges who are appointed during vacations, may exercise original, appellate, revisional, civil or writ jurisdiction vested in the court in fresh matter which in their opinion, require immediate attention. It was contended that the Senior Vacation Judge can direct for listing of the pending petition for hearing during Summer Vacation as he exercises powers of the Chief Justice. Rule 9 and Sub-Rule (2) of Rule 10 of Chapter V of the Rules of the Court do not confer all the powers of the Chief Justice on the Senior Vacation Judges as it is subject to any general or special order of the Chief Justice. But in the present case the Chief Justice has conferred all his powers on the Senior Vacation Judge in respect of the arrangement of Benches, listing of cases and like matters. The question is as to whether the Senior Vacation Judge can direct for listing of the case for hearing if it requires immediate attention under Rule 9 and Sub-Rule (2) of Rule 10 of the Rules ? A plain reading of the rules shows that the Senior Vacation Judge has power in relation to arrangement of Benches and listing of cases but whether the Senior Vacation Judge can direct for listing of a case other than criminal cases for final hearing. The words "and other like matters" occurring in Rule 9 and Sub-Rule (2) of Rule 10 must be construed ejusdem generis the words preceding them. In other words the Senior Vacation Judge has been given the power in absence of the Chief Justice to do things similar to the arrangement of the Benches of listing of the case. In that power the Senior Vacation Judge can direct for listing of a case in exceptional cases which require utmost attention but this power cannot be exercised by the Vacation Judge The Vacation Judge is entitled to decide criminal work and also to exercise original, appellate, civil or writ jurisdiction vested in the court in fresh matters which in his opinion, requires immediate attention. I am, therefore, of opinion that under Rule 9 and Sub-Rule (2) of Rule 10 a Senior Vacation Judge can direct for listing of such cases for hearing in exceptional cases in which there is utmost urgency. But the question that arises for consideration is if the case is a part-heard before a division bench of this Court, can the Senior Vacation Judge direct for hearing of such case to be heard by Vacation Judge Rule 14 of Chapter-V provides that the case partly heard by a bench shall ordinarily be laid before the same bench for disposal. This writ petition was infact heard by a bench of which I was one of the members. It was heard two or three days. It is a part-heard with the said bench. The word 'ordinarily' no doubt gives certain amount of elasticity to this rule. It may be possible to say that in a rare case which involves an extra-ordinary circumstance, the Chief Justice may direct for listing of a part-heard case before another bench but normally it cannot be done In this case there is no extra-ordinary circumstance and utmost urgency which may warrant its listing before another bench for hearing The petitioner knew that the courts are going to be closed, they could request the said bench for some appropriate order or release of the case to enable the Chief Justice or Senior Vacation Judge for listing the case during Summer Vacations. Since the present writ petition is a part-heard before a bench, the Senior Vacation Judge in absence of any extra-ordinary circumstance cannot direct for listing of the case during Summer Vacations.