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Badri v. The Collector/Special Land Acquisition Officer, And Others - WRIT - C No. 43937 of 1999 [2003] RD-AH 367 (9 October 2003)


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Civil Misc. Writ Petition No.  43937 of 1999

Badri                           ......... Petitioner


The Collector & others .........     Respondents

Hon. Dr. B.S. Chauhan, J.

Hon. R.C. Pandey, J.

This writ petition has been filed against the impugned order dated 9.8.1999, by which the application to make reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter called the Act 1894) has been rejected by the learned Collector/Special Land Acquisition Officer, Varanasi for non-compliance of the provisions of Para 436 (2) of the Revenue Manual, which mandatorily provides for affixing the Court-fees on the application.

The facts and circumstances giving rise to this case are that after  the land Acquisition Award was made under Section 18 of the Act 1894, an application was filed for making a reference under Section 18 of the Act 1894 before the Collector/Special Land Acquisition Officer. As no Court fee had been paid on that application, it was rejected. Hence this petition.

Learned counsel for the petitioner is not able to answer any query as to whether non-payment of Court fee makes a petition irregular, improper and as to whether for want of stamp, the petition could be entertained by the Court.

In Thakur Sukhpal Singh v. Thakur Kalyan Singh & Anr., AIR 1963 SC 146, Hon'ble Supreme Court has held that in absence of proper assistance to the court by the lawyer, there is no obligation on the part of the Court to decide the case, for the simple reason that unless lawyer satisfies the Court that there is some balance in his client's favour to alter the situation, the Court is not able to decide the case. It is not for the Court itself to decide the controversy. The Court observed as under:-

"------- He (counsel) cannot just raise objections in his memorandum of appeal and leave it to the appellate court to give its decision on those points after going through the record and determining the correctness thereof. It is not for the appellate court itself to find out what the points for determination can be and then proceed to give a decision on those points."

While deciding the said case, Hon'ble Apex Court placed reliance upon judgment of Privy Council in Mst. Fakrunisa Vs. Moulvi Izarus, AIR 1921 PC 55 wherein it had been observed as under:-

"In every appeal it is incumbent upon the appellants to show some reason why the judgment appealed from should be disturbed; there must be some balance in their favour when all the circumstances are considered to justify the alteration of the judgment that stands. Their Lordships are unable to find that this duty has been discharged."

In T.C. Mathai and another Vs. District & Sessions Judge, Thiruvanannthapuram, Kerala, (1999) 3 SCC 614, Hon'ble Supreme Court observed:

"The work in a court of law is a serious and responsible function. The primary duty of a------- court is to administer ------justice. Any lax or wayward approach, if adopted; towards the issues involved in the case, can cause serious consequences for the parties concerned. ------ In the adversary system which is now being followed in India, both in civil and criminal litigation, it is very necessary that the court gets proper assistance from both sides."

The Rajasthan High Court in Bhola Singh Vs. State of Rajasthan, AIR 1999 Raj. 242 held as under:-

"-------the quality of the judgment depends upon the assistance rendered at the Bar. The Judge can not take the entire responsibility of laying down a correct law unilaterally without any assistance of the learned members of the Bar. The Judge cannot afford to retire from chamber and sit in the library and find out the case law on the issues involved in every case and what is the occasion to do anything in a case where the pleadings are so vague as the petition itself cannot be entertained."

In D.P.Chadha Vs. Triyugi Narain Mishra & ors (2001) 2 SCC 221 the Hon'ble Apex Court has observed as under:-

"--------------- Mutual confidence in the discharge of duties and cordial relations between Bench and Bar smoothen the movement of the chariot. As responsible officers of the court, as they are called __ and rightly, the counsel have an overall obligation of assisting the courts in a just and proper manner in the just and proper administration of justice.----------------- A lawyer must not hesitate in telling the  court  the correct position of law when it  is undisputed and admits of no  exception.--------------------- This obligation of a counsel flows from the confidence reposed by the court in the counsel appearing for any of the two sides. A counsel, being an officer of court, shall apprise the Judge with the correct position of law whether for or against either party."

Thus, in view of the above, as the learned counsel for the petitioner is not able to render any assistance to the Court, there is no obligation on the part of the Court to decide the matter on merit.

Petition is dismissed for want of legal assistance.




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