Patna High Court - Orders
Ramakant Sharma vs The State Of Bihar on 20 February, 2023
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20575 of 2021
======================================================
Ramakant Sharma
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramakant Sharma (In Person)
For the State : Mr.P. K.Shahi, Advocate General
Mr. Vikas Kumar, A.C. to A.G.
For the UOI : Mr. Kumar Priya Ranjan, CGC
For the High Court : Mr. Satyabir Bharati, Advocate.
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
17 20-02-2023The Court has been informed by Mr. P.K.Shahi, learned Advocate General, Bihar that in the light of this Court's order dated 09.02.2023, a Committee constituted under the said order held its meeting on 16.02.2023. A copy of the proceeding of the said meeting has been placed before us. A copy of the report submitted by the learned Registrar General, as regards outcome of the said meeting, has also been placed before us.
From the report of the learned Registrar General, it appears that altogether 07 items were taken up by the Committee in its meeting held on 16.02.2023 and resolutions were passed against each of the said items. We shall monitor further progress in the direction of availability of lawyers' halls in different judgeship based on the said report dated 20.02.2023 Patna High Court CWJC No.20575 of 2021(17) dt.20-02-2023 2/8 submitted by the learned Registrar General and, therefore, we consider it appropriate to reproduce it, which is as under:-
"
A REPORT OF THE MEETING CONVENED BY THE DEVELOPMENT COMMISSIONER, BIHAR ON 16.02.2023 WITH REGARD TO STATUS OF CONSTRUCTION OF LAWYERS HALL IN THE DISTRICT COURTS OF BIHAR (In pursuance of the order dated 09.02.2023 passed in CWJC No. 20575 of 2021) In light of the directions as contained in the order dated 09.02.2023 passed by the Hon'ble Court in Ramakant Sharma v State of Bihar & Ors. (CWIC No. 20575 of 2021), a meeting was convened under the Chairmanship of the Development Commissioner, Bihar in which the following members were present:
Members present:
1. Registrar General, High Court of Judicature at Patna, Patna
2. Secretary-cum-Legal Remembrancer, Law Department, Bihar
3. Secretary (Resources), Finance Department, Bihar
4. Joint Secretary-cum-Addl. Legal Remembrancer, Law Department, Bihar
5. Engineer-in- Chief -cum-Addl. Commissioner-cum-Spl. Secretary, BCD, Bihar
6. OSD (Infrastructure), High Court of Judicature at Patna, Patna
7. Administrator, Bihar State Road Transport Corporation, Bihar
8. Director, Animal and Fisheries Resources Department, Bihar
9. Joint Secretary, Transport Department, Bihar
10. Joint Secretary (Engineering), Water Resources Department, Bihar
11. Under Secretary, Urban and Housing Development, Bihar
12. Chief Engineer, Road Construction Department, Bihar
13. Deputy Director, Agriculture Department, Bihar Altogether 7 agendas were discussed in the meeting, in which the Committee took stock of availability of land for Patna High Court CWJC No.20575 of 2021(17) dt.20-02-2023 3/8 construction of Lawyers Hall, the various stages of the project in various judgeships and sub-divisions, and the hurdles being faced thereof.
Following 7 agendas were discussed and resolutions were passed:
SL. AGENDA RESOLUTION REMARKS No.
1. Regarding 13 Out of the 13 10 locations locations where locations, tenders where tenders Administrative have been floated have been Approvals have been for 10 locations. floated:
granted for 1. Araria construction of Tenders for 2. East Lawyers Hall. remaining 3 Champaran locations be floated 3. Kaimur at soon, and Bhabhua construction be 4. Madhubani started according 5. Jhanjharpur to CWPI (Civil 6. Benipatti Works Pendency 7. Purnea Index), so as to 8. Samastipur ensure completion 9. Rosera within a fixed time 10. Bagaha frame.
3 locations where (Post-facto tenders are to be sanction of the site floated:
lay-out plans of 11. Nalanda these 13 locations 12. Hilsa are required to be 13. Munger obtained from the Hon'ble (Annexure - A) Infrastructure Committee, Patna High Court whose Administrative Approvals have already been granted.)
2. Regarding 10 The matter would 10 locations locations where land be placed before where land is is available as per the the Public Finance available as per standard measurement Committee the standard of 100' x 74.6" and immediately by the measurement of approval of District Law department 100' x 74.6" but Patna High Court CWJC No.20575 of 2021(17) dt.20-02-2023 4/8 Committees have also for relaxing the additional been obtained, but limit of Bank of budget required:
Administrative Sanction (BOS) 1. Kishanganj Approval is not being 2. West given for want of Champaran additional budgetary 3. Siwan allocation. 4. Danapur
5. Sasaurhi
6. Sitamarhi
7. Vaishali at Hajipur
8. Arwal
9. Birpur
10. Dehri-on-
Sone (Annexure-B)
3. Regarding 8 locations All concerned 8 locations where where land is department were land is available available as per the directed to issue as per the standard measurement NOC within 15 standard of 100' x 74.6", but days. measurement of NOC from various 100'x74.6", but government Bhagalpur NOC required:
departments is Municipal awaited. Corporations stated 1. Jehanabad that it has already 2. Biraul granted NOC. 3. Benipur
4. Buxar BSRTC stated that 5. Sheohar there are issues 6. Katihar regarding grant of 7. Nawada NOC at Nawada. 8. Bhagalpur Accordingly, it was (granted) directed to submit report to this effect, (Annexure-C) so that efforts for alternate land may be made.
4. Regarding 6 locations All 3 models (the 6 locations where where land is original land is available available as per the measuring 100' x as per the two two alternative models 74.6' [GF] and alternative (72' x 90' and 58'x two alternate ones models [ 72' x 90' 105') measuring 72' x & 58' x 105']:
90' & 58' x 105' [G+1] should be 1. Banka placed before the 2. Darbhanga Patna High Court CWJC No.20575 of 2021(17) dt.20-02-2023 5/8 Hon'ble 3. Paliganj Infrastructure 4. Patna City Committee, Patna 5. Saran at high Court for its Chhapra approval, along 6. Daudnagar with consent for (Annexure-D) minor modifications to meet the local limitations.
Thereafter, further steps for their Administrative Approval be taken.
5. Regarding 14 Chief Architect, 14 locations locations where land BCD should where land is is NOT AVAILABLE explore NOT available as as per any of the 3 possibilities of per any of the 3 proposed models. construction on the proposed available land with models:
some 1. Aurangabad modifications, and 2. Begusarai submit a report 3. Kahalgaon immediately. 4. Bhojpur at Ara
5. Gopalganj For those locations 6. Jamui where land is not 7. Khagaria sufficient for even 8. Lakhisarai such construction, 9. Muzaffarpur the concerned 10. Patna (now District Judge and excluded) DMs be asked to 11. Barh look for alternate 12. Saharsa parcels of land. 13. Sheikhpura
14. Supaul With regard to (Annexure-E) Patna Judgeship, it was resolved that since the project of construction of Lawyers Hall [G+3] in the Patna Sadar Civil Court premises has already been approved with an outlay of ₹ Patna High Court CWJC No.20575 of 2021(17) dt.20-02-2023 6/8 21,64,53,000/-
under the FLEXI FUND scheme of CSS vide Law Dept. Sanction order no.5277/J dated 08.06.2022, hence there is no further requirement to identify land for the same.
6. Regarding 6 locations The concerned 6 locations where where land is yet to be District Judges and land is yet to be identified for DMs be asked to identified for construction of look for suitable construction of Lawyers Hall. parcels of land and Lawyers Hall:
submit proposals.
1. Manjhaul
2. Gaya
3. Madhepura
4. Uda Kishunganj
5. Rohtas
6. Bikramganj (Annexure- F)
7. Regarding 25 Land for 25 locations locations where sub- construction of where sub-
divisional courts Lawyers Hall be divisional courts are functioning from identified are functioning Executive/Temporary along with the from Executive/ (not own) buildings. identification and Temporary (not transfer/acquisition own) buildings. of land for 1. Ballia construction of 2. Bakhri Court Complex. 3. Teghra
4. Naugachia The Chief (already exists) Architect should 5. Jagdishpur incorporate the 6. Piro provision of 7. Dumraon Lawyers Hall in 8. Sikhrahna the site lay-out 9. Areraj plan prepared for 10. Raxaul construction of the 11. Sherghati Court Complex. 12. Mohania Patna High Court CWJC No.20575 of 2021(17) dt.20-02-2023 7/8 The Administrative 13. Barsoi Approval for 14. Gogri construction of 15. Muzaffarpur Lawyers Hall be West granted along with 16. Baisi the approval for 17. Banmankhi construction of 18. Dhamdaha Court Complex. 19. Dalsingsarai
20. ShahpurPatori
21. Sonepur
22. Pupri
23. Belsand
24. Mahnar
25. Narkatiyaganj (Annexure-G) The above report is most humbly submitted for the kind perusal of the Hon'ble Court. It is also humbly submitted that vide Law Department's letter no. 1378/J dated 17.02.2023 the Head of the Departments concerned have already been served with copies of the minutes of the meeting for immediate action and submission of compliance report (Annexure-H)."
Further, in the order dated 09.02.2023, we had also directed all concerned to ensure that essential repair works are done in the court premises and separate toilets for males and females in all districts and subordinate courts' building are at place and are functional. There is no clue as to whether any step has been taken by any functionary or not in the aforesaid direction.
We, in the interest of justice and in the public interest, consider it proper to request Mr. Ramakant Sharma, who is Patna High Court CWJC No.20575 of 2021(17) dt.20-02-2023 8/8 Chairman of Bihar State Bar Council, a Senior Advocate of this Court and petitioner in-person, to seek reports from all the District/Subordinate Bar Associations as regards availability of separate toilets for male and female lawyers.
The matter is adjourned for four weeks.
Requirement of toilets for the lawyers at the place where they practice is an essential need which cannot be overlooked. It is expected that the Bihar State Bar Council shall take all necessary essential efforts to ensure that such facilities are available in every judgeship/sub-divisional court.
On the next date, Mr. Ramakant Sharma should inform this Court the steps which have been taken and are proposed to be taken for the said purpose.
List on 20.03.2023 at 2:15 P.M. (Chakradhari Sharan Singh, ACJ) ( Jitendra Kumar, J) Sujit/-
U