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Case Law Details

Case Name : N. S. Vijayanth Babu LL.M Vs Advocates' Association (Karnataka High Court)
Appeal Number : Writ Petition No. 18614/2022 (GM-RES-PIL)
Date of Judgement/Order : 23/09/2022
Related Assessment Year :
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N. S. Vijayanth Babu LL.M Vs Advocates’ Association (Karnataka High Court)

No particulars have been furnished by the petitioner about the advocates who visit the Courts in Bengaluru from outside. The parking space in the premises of the Court is limited and the entry of the vehicles needs to be regulated. Even if a sticker is issued to an Advocate who is member of the Advocates’ Association, Bengaluru, the same does not guarantee that the Advocates is entitled to parking space in the premises of the Court.

Section 30 of the Advocates’ Act confers the right on the Advocates to practice. The same does not confer any right on any advocate to park his/her vehicle inside Court premises. There is no element of public interest involved in this petition. The petition is misconceived. In the result, the same is dismissed.

FULL TEXT OF THE JUDGMENT/ORDER OF KARNATAKA HIGH COURT

Mr. N.S. Vijayanth Babu, the petitioner party-in-person.

Heard on the question of admission. The petitioner is an advocate and is practising in the Courts in Bengaluru. The petitioner is a Member of Advocates’ Association, Bengaluru. In this public interest litigation, the petitioner inter alia seeks a writ of certiorari for quashment of the notice dated 05.08.2022 regarding issuance of new vehicle stickers for the members of the Advocates’ Association, Bengaluru. The petitioner, in addition, seeks a writ of prohibition to Advocates’ Association, Bengaluru from proceeding further in pursuance of notice dated 05.08.2022.

2. Petitioner who has appeared in person submitted that no provision has been made for issuance of stickers to Advocates who are not members of the Advocates’ Association, Bengaluru. It is, therefore, submitted that the Advocates who travel from other places to Bengaluru to argue their cases would be prohibited from parking their vehicles in the premises of the Courts. It is urged that the notice dated 05.08.2022 violates the rights of the Advocates under Section 30 of the Advocates’ Act, 1961, to practice, who are not members of the Advocates’ Association, Bengaluru.

3. We have considered the aforesaid submissions. The notice dated 05.08.2022 appears to have been issued to regulate the entry of the vehicles used by the Advocates and is intended to find a solution to the parking problems faced by the Advocates. We have carefully perused the petition. No particulars have been furnished by the petitioner about the advocates who visit the Courts in Bengaluru from outside. The parking space in the premises of the Court is limited and the entry of the vehicles needs to be regulated. Even if a sticker is issued to an Advocate who is member of the Advocates’ Association, Bengaluru, the same does not guarantee that the Advocates is entitled to parking space in the premises of the Court.

4. Section 30 of the Advocates’ Act confers the right on the Advocates to practice. The same does not confer any right on any advocate to park his/her vehicle inside Court premises. There is no element of public interest involved in this petition. The petition is misconceived.

In the result, the same is dismissed.

In view of dismissal of the petition, the pending interlocutory applications do not survive for consideration and are accordingly disposed of.

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