HIGH COURT BAR ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall also dispose of W.P. No. 290/97 as common question of law and facts arise in both the cases. Powers vested in the High Court under Arts. 226 and 227 of the Constitution of India have been invoked in both the cases.

(2.) The case of petitioner - High Court Bar Association. Indore through one of its members Shri Ashok Kutumbale has made averments as follows: Petitioner is Association and looks after the welfare of its members. The office of respondent No. 3 Collector Central Excise & Customs (Appeals) was established at Indore vide Notification No. 16/90 (N.T.) - Cus., dated 6-4-1990 (Annexure P/I).

(3.) The establishment of office of respondent No.3 at Indore was done as major part of appellate work arise from Indore and Pithampur (Industrial Area) and as also Indore being nearer to Dewas (other industrial area), large number of industries are established in different parts of city and its surrounding areas. It was a facility to the public industries that they save their substantial amount from visiting office distinctly placed. It has further been submitted that the Union of India respondent No.1 has decided to shift the office to Bhopal which will deprive the poor litigants from exercising their rights of appeal shall not be in the public interest. It has also been submitted that Indore has been declared to be a dry port and therefore, it is likely to come up as international port.