STATE Vs. PRABHUDASS

JUDGEMENT

(1.) WHEN the matter was called out, learned counsel Shri Anjay Kothari, who was initially appointed as standing counsel for the Department of the State of Rajasthan-petitioner requested to pass over this matter as he was dis-continued from the panel of standing counsel on the ground that he was short of seven years practice at the bar and in his place some other panel lawyer will appear.

(2.) THIS petition was filed by Mr. Anjay Kothari, therefore, he was directed to argue this matter because in my opinion the State Govt. cannot unilaterally change the counsel of such ground. If there was any provision then before making appointment the State Govt. should have been careful, but having appointed them and discontinuing them on this ground would be highly unfair to the young and coming-up counsel like Shri Anjay Kothari.

(3.) ACCORDINGLY, this petition is disposed of with the aforesaid observations and directions by reserving the liberty to the Collector to make a fresh reference in accordance with law to the Board of Revenue. The Collector shall make fresh reference within three months from today. On receiving the said reference the Board of Revenue shall decide the fresh reference on merits in accordance with law. Copy of this order be forwarded to the Chief Secretary of State of Rajasthan forthwith.