BAR ASSOCIATION SRI GANGANAGAR Vs. STATE

JUDGEMENT

(1.) Courts exist for the litigants and not for Judges and lawyers and litigants' interest is Supreme.

(2.) This writ petition has been filed for declaring Section 20A of the Rajasthan Land Revenue Act, 1956 (hereinafter to be called the Act) as ultra vires of the Constitution and for quashing the order No. F. 12(26)Raj / Gr. I 77-II dated 27/06/1994 (Annexure 4) of the Revenue Department (Group I), Government of Rajasthan, Jaipur issued under Section 20A of the Act notifying that the Revenue appellate Authority, Sri Ganganagar will have his place of sitting at Raisinghnagar also for a week.

(3.) It has been contended by the learned counsel for the petitioner that the State Government is misusing its power from time to time just to suit its convenience and to achieve something by pressing into service the provisions of Section 20A of the Act. He further contended that similar notification dated 4/04/1980 by which the jurisdiction of the Revenue Appellate Authorities, Jodhpur and Ajmer was sought to be changed was challenged in Writ Petition No. 952/ 90 Ajij Khan v. State of Rajasthan, stay was granted, subsequently the notification ,vas modified and as such the writ petition was not pressed. he also contended that the writ petition No. 2929/88 Mana Ram v. State has been filed challenging another similar notification dated 19/08/1988, stay his been granted, thereon the said notification dated 19/08/1988 was kept in abeyance, the writ petition became infructuous and it is thus clear that the State Government does not want verdict of the High Court about the validity of Section 20A of the Act. He further contended that due to the impugned notification Annexure 4, the members of the petitioner's Association have been put to great inconvenience they shall be required to go to Raisinghnagar for conducting the cases in which they have been engaged otherwise their clients will be forced to engage Advocates at Raisingnagar, they have to incur additional expenditure to pay their fees and as such holding of a camp court at Raisinghnagar will tax the litigants more instead of giving relief to them. He also contended that Section 20A of the Act does not provide any guidelines, it confers absolute and arbitrary powers upon the State Government, it is ultra vires of Arts. 14 and 21 of the Constitution of India and its validity has been challenged in writ petition No. 5944/93 Roopa Ram v. State of Rajasthan.