BAR COUNCIL OF RAJASTHAN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS is a petition by the Bar Council for Rajasthan challenging the validity of the licences issued by the Board of Revenue, respondent No. 1, to respondents Nos. 2 to 23, to practise as revenue agents. It has been stated that after the coming into force of Chapter III of the Advocates Act, 1961, hereinafter referred to as 'the Act', Sections 6, 7, 18 and 37 of the Legal Practitioners Act, 1879. and so much of Sections 8, 9, 16, 17, 19 and 41 of that Act as related to the admission and enrolment of legal practitioners stood repealed, so that respondent No. 1 had no authority thereafter to enrol any one as a revenue agent. It has been pointed out that, even so, respondent No. 1 enrolled respondent No. 2 as a revenue agent on or about March 31, 1965, and respondents Nos. 3 to 23 sometime after December 1, 1961, and that respondent No. 1 was renewing their licences every year. The petitioner made a representation to respondent No. 1. but it was rejected by order Ex. G dated March 1, 1968 on the ground that it had the authority to renew the licences until the coming into force of Chapter IV of the Act. The petitioner has challenged the jurisdiction and authority of respondent No. 1 to grant fresh licence after December 1, 1961, or to renew the licences of the revenue agents, on a number of grounds, and has prayed for quashing order Ex. G dated March 1, 1968 and for the other reliefs mentioned in the petition.

(2.) RESPONDENTS Nos. 1 and 2 have filed separate replies traversing the contentions of the petitioner.

(3.) WE have already made a mention of those provisions of the Legal Practitioners Act which stood repealed on December 1, 1961 when Chapter III of the Act came into force, for that was the requirement of Sub -section (2) of Section 50 of the Act. It appears that some doubt arose about the issue and renewal of licences after December 1. 1961, and that led to the passing of the Advocates (Amendment) Ordinance, 1962 which was replaced by the Advocates (Amendment) Act, 1962. Section 58 was thereby inserted in the Act and was deemed always to have been inserted. Another amendment was made on May 16, 1964 by Act XXI of 1964 by which the words 'issue and renewal' occurring in Sub -section (4) of Section 58 of the Act were replaced by the words 'renewal or the issue by way of renewal'. It cannot therefore be doubted that after May 16, 1964 respondent No. 1 could not issue the certificate of a revenue agent except by way of renewal. The licences which were issued to respondents Nos. 2 and 3 to 23 were therefore without authority as they were issued after May 16, 1964 and were not by way of renewal.