ARJUN SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THE petitioners have challenged in this petition the impugned order dated 15. 9. 1981 (Annex. 11) passed by the Collector, Sirohi making reference to the Board of Revenue and the order passed by the Board of Revenue on March 14, 1990 (Annex. 16) accepting the same.

(2.) HOWEVER, learned counsel Shri Rathore has restricted his challenge to the order at Annex. 16 dated 14. 3. 1990 passed by the Board of Revenue accepting the reference made by the Collector. Learned counsel Shri Rathore vehemently submitted that the petitioners are most unfortunate victims of their advocate Shri Gokul Prasad Sharma of Ajmer (who is presently a member of Board of Revenue ). He submitted that the notice of the proceedings before the learned Board of Revenue were duly served upon the petitioners and immediately thereafter, they engaged Mr. Gokul Prasad Sharma, Advocate, Ajmer to file power on their behalf and also settled and paid his remuneration, but to their misfortune Mr. Gokul Prasad Sharma neither filed his power nor appeared on their behalf before the Board of Revenue and continued to write postcards to the petitioners demanding his fees and expenses. He further submitted that though Mr. Gokul Prasad Sharma was aware of the final order passed by the Board of Revenue against the petitioners on 14. 3. 1990 (Annex. 16 ). He deliberately did not inform about the same to the petitioners and height of it Mr. Gokul Prasad Sharma by his postcard dated 20. 3. 1990 demanded his fees and expenses (Annex. 17) in the form of notice and the date given thereunder for making payment was April 5, 1990. He submitted that earlier also Mr. Gokul Prasad Sharma wrote a letter dated May 8, 1988 (Annex. 18) to the petitioner No. 1 demanding fees and expenses without any reference to the fees already received by him earlier.

(3.) IN view of the serious professional mis-conduct alleged to have been committed by Shri Gokul Prasad Sharma, the then Advocate of the petitioners, who is presently a member of Board of Revenue, it is ordered that reference shall not be heard by Shri Gokul Prasad Sharma and it shall be heard by any other member of the Board of Revenue.