Practice Of 'Bench Hunting', Seeking Time When Confronted With Queries Is Not A Healthy Practice For The Bar: Allahabad HC [Read Order]

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30 Aug 2020 11:31 AM GMT

  • Practice Of Bench Hunting, Seeking Time When Confronted With Queries Is Not A Healthy Practice For The Bar: Allahabad HC [Read Order]

    The Allahabad High Court on Friday rapped a Hapur based writ petitioner for invoking the Court's jurisdiction under Article 226 of the Constitution without any due cause. "This kind of practice of Bench hunting seeking time when confronted with queries is not a healthy practice for the Bar," Single Judge bench of Justice Vivek Agarwal sternly observed. The remarks were made after...

    The Allahabad High Court on Friday rapped a Hapur based writ petitioner for invoking the Court's jurisdiction under Article 226 of the Constitution without any due cause.

    "This kind of practice of Bench hunting seeking time when confronted with queries is not a healthy practice for the Bar," Single Judge bench of Justice Vivek Agarwal sternly observed.

    The remarks were made after the Petitioner could not show infringement of any fundamental right, constraining him to invoke the Court's writ jurisdiction, and rather sought adjournment from the Court.

    "When learned counsel for the petitioner is asked to show as to which his right has been infringed and what is the locus of the petitioner, he prays for adjournment," the Court recorded while slamming the Petitioner.

    The Petitioner had approached the High Court seeking injunction on certain construction activities in the District. He had also sought a direction upon the District Magistrate, Hapur to dispose of his application.

    At this juncture the Court observed that the application was filed before the Magistrate only last month and there was no plausible explanation as to why he approached the High Court "so soon".

    In view of the above observations the plea was dismissed.

    Case Title: Amit Kumar v. State Of UP & Ors.

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