(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The petitioner has stated on oath in para:5 of the petition as under "5.
That the present petitioner, who is advocate for the claimants, put all his possible endeavour and effort by reminding and requesting the concern authorities to do needful and to refer the cases to District Court. But unfortunately, authorities have kept their eyes and ears closed and deliberately avoided to refer. Petitioner have also wrote the letters to the concerned authorities on 26/9/96, and letter dtd.15/7/2010, 25/4/2011, 10/1/11 and all these letters are having the signatures of concerned authorities, as token of the receipt of these letters. But there is no proper response from them and as a result of this, claimants whose lands are acquired long back and nearly three dicades are passed, there is no indication of referring the matter. This is nothing but a denial of justice as long delay has accurred (sic.). All the above referred letters are annexed herewith as Annexure-A to F."
2. Out of the letters at Annexures A to F, except Annexure-A all the letters are written by the petitioner who is admittedly a practicing advocate.
3. Thus, as fairly conceded by the learned counsel Mr. K. L. Dave appearing for the petitioner, an advocate has practically stepped into shoes of the original claimants and appears to be carrying on the litigation on his own so much as power of attorney or vakalatnama of the original claimant not being anywhere on record.
4. Under the circumstances, the petitioner prima facie appears to have obliterated the line between a party and his advocate and in the process indulged in unethical practice of a very serious nature. It is, however, for the bar council to take cognizance and appropriate action. As for the present petition, it having not been filed by the original claimants who could have or may not have any grievance, it is dismissed as incompetent and an abuse of the process of Court by an advocate, with cost quantified at Rs.25,000/- which shall be paid within 15 days by the petitioner to the Legal Services Authority at Ahmedabad. A copy of this order shall be served upon the Bar Council of Gujarat at its office opposite the High Court.
[D.
H. WAGHELA, J.] [N.
V. ANJARIA, J.] Amit Top