Allahabad High Court
Allahabad High Court
Litigation News

Allahabad HC raps counsel for Bench hunting, seeking adjournments when faced with questions [Read Order]

The petition moved was also found non-indicative of any violation of a fundamental right that justified the Court’s interference under Article 226.

Lydia Suzanne Thomas

On Friday, the Allahabad High Court came down heavily on a writ petitioner for approaching the High Court “without due cause.

Rebuking a lawyer for requesting adjournments whenever faced with a question from the Court over the maintainability of the plea and for Bench hunting, a Single Bench of Justice Vivek Agarwal stated:

“This kind of practice of Bench hunting seeking time when confronted with queries is not a healthy practice for the Bar.”
Allahabad High Court

The reprimand from the Court came in response to a petition seeking the expeditious disposal of an application against construction activities in the district of Hapur.

The application is pending with the Hapur District Magistrate.

However, the Court found that the petitioner was unable to exhibit a fundamental right infringement that warranted invoking the jurisdiction of the High Court under Article 226 of the Constitution.

Prior to moving the High Court, he had also applied to the District Magistrate to decide his injunction application expeditiously, through the ‘Right to Information’ Act, the Allahabad High Court's order narrates.

Observing that the High Court had been approached “so soon”, the High Court dismissed the petition stating:

“As petitioner has failed to point out any infringement of his fundamental rights so to invoke the writ jurisdiction of the Court, petition being bereft of merit deserves to be dismissed and is dismissed.”

Read the Order here:

Amit Kumar v. State of UP and 4 others - Order.pdf
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