Plea Praying That No Case Of Petitioner Be Listed Before A Particular Judge: Allahabad High Court Dismisses It With 20K Cost

The Allahabad High Court on Monday dismissed a plea with 20,000/- cost in which the petitioner had prayed that no case filed by him be listed before a Court comprising a particular Judge. 

The Bench of Justice Manoj Misra and Justice Anil Kumar Ojha observed that the prayer made by the petitioner was completely misconceived.

The Court noted that the petition had been filed with a 'strange prayer' by impleading the High Court as a party respondent. The prayer was that certain writ petitions be listed before a Court not comprising a particular Judge. 

To this, Advocate Ashish Mishra, who represented the High Court, informed the Court that the writ petitions mentioned in the relief clause have already been decided by this Court and therefore, even assuming that the first prayer made was maintainable, the same is misconceived.

Arun Mishra, who appeared in person, therefore, pressed the second prayer which was that no case filed by him be listed before a Court comprising a particular Judge.

To this, the Court remarked:

"It is well settled that the master of the roster is The Chief Justice. It is the prerogative of The Chief Justice as to before which Judge or Judges the matter is to be listed."

Importantly, the Bench said:

"The list is prepared by the Registry, under the authority of The Chief Justice. Under the circumstances, no direction could be issued to the High Court not to list cases of a particular counsel before a particular Judge."

Recently, the Allahabad High Court had dismissed a petition against delegating the power of Chief Justice (Master of Roster) to Senior Judges in his absence.

A Division Bench comprising of Chief Justice Govind Mathur and Justice Saroj Yadav said that the petition, on the face appears to be "fundamentally misconceived".

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