District Bar Association Ashoknagar Through Its President Shri Chandra Shekhar Sahu vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:33205
1 WP-26991-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
&
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
th
ON THE 29 OF OCTOBER, 2026
WRIT PETITION No. 26991 of 2026
CNR No.: MPHC030180762026
DISTRICT BAR ASSOCIATION ASHOKNAGAR THROUGH ITS
PRESIDENT SHRI CHANDRA SHEKHAR SAHU
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vibhor Kumar Sahu - Advocate for petitioner.
Shri C.P. Singh - Govt. Advocate for respondents/State along with
Shri Saket Malviya - Collector, District Ashoknagar.
ORDER
Per: Justice Gurpal Singh Ahluwalia
This writ petition under Article 226 of the Constitution of India has
been filed seeking the following reliefs:
"(i) Issue a writ in the nature of mandamus directing the respondents to
consider and decide the representation dated 26.05.2026 submitted by the
petitioner Association before the Collector, District Ashoknagar, by
passing a reasoned and speaking order within a time-bound period as may
be fixed by this Hon’ble Court;
(ii) Issue a writ in the nature of mandamus directing the respondents to
provide / earmark suitable common space in the newly inaugurated Tehsil
Court/Office Building, Ashoknagar, District Ashoknagar, for Bar Room /
Lawyers’ Hall / advocates’ common sitting space / working space /
consultation space;
(iii) Direct the respondents to ensure that the Tehsil Court/Office Building,
Ashoknagar, from where Tehsil Court Ashoknagar and Circle Courts
including Circle Kachnar and Circle Rajpur are functioning, is provided
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 10/30/2026
2:30:13 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33205
2 WP-26991-2026
with minimum institutional facilities necessary for advocates and litigants,
including sitting arrangement, working tables, electricity, fans, drinking
water access and access to toilets;
(iv) Direct the respondents to constitute a local inspection and
coordination committee consisting of the Collector, District Ashoknagar or
his nominee, Sub-Divisional Officer (Revenue), Ashoknagar, Tehsildar,
Tehsil Ashoknagar, concerned Executive Engineer / officer of the
construction agency, and two authorized representatives of the petitioner
Association, for inspection of the newly inaugurated Tehsil Court/Office
Building and identification of suitable space for advocates’ common
facility;
(v) Direct the respondents to provide immediate temporary arrangement
for advocates in or near the newly inaugurated Tehsil Court/Office
Building, Ashoknagar, by providing an available room / hall / covered
space / tin-shed with basic seating and working facilities, till
final/permanent arrangement is made;
(vi) Direct the respondents to consider the fact that in the old Tehsil
premises, Bar Room / advocates’ space and sitting arrangements were
available, and to ensure that the said facility is not discontinued in
substance merely because the Tehsil Court and offices have been shifted to
a new building;
(vii) Direct the respondents not to remove, disturb or obstruct any
reasonable temporary sitting arrangement being used by advocates in the
new Tehsil court/Office premises unless and until an alternate suitable
arrangement is provided by the respondents;
(viii) Direct the respondents to frame a practical and workable
arrangement, after consultation with the petitioner Association for
providing permanent Bar Room / Lawyers’ Hall / common advocates’
facility in the newly inaugurated Tehsil Court/Office Building,
Ashoknagar;
(ix) Direct the respondents to ensure that the final arrangement made for
advocates is functional, accessible and proximate to the Tehsil Court /
Circle Courts so that advocates may effectively assist litigants and courts
during court working hours;
(x) Direct the respondents to file a compliance report before this Hon’ble
Court within such time as may be fixed, indicating the steps taken for
providing temporary as well as permanent common facility for advocates
in the newly inaugurated Tehsil Court/Office Building, Ashoknagar;
(xi) Grant interim relief by directing the respondents, particularly
Collector, District Ashoknagar, Sub-Divisional Officer (Revenue),
Ashoknagar and Tehsildar, Tehsil Ashoknagar, to immediately provide
temporary room / hall / covered space with tables, chairs, electricity, fans,
drinking water access and toilet access for advocates in or near the newly
inaugurated Tehsil Court/Office Building, Ashoknagar, within seven days;
(xii) Pass any other writ, order or direction which this Hon’ble Court may
deem fit and proper in the facts and circumstances of the case, in the
interest of justice, access to justice and proper functioning of Tehsil
and Circle Revenue Courts."

2. Initially, respondents were adamant in providing space for the
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 10/30/2026
2:30:13 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33205
3 WP-26991-2026
lawyers practising before the Courts of Tehsildar and Naib Tehsildar, at

Ashoknagar, and accordingly, various orders were passed by this Court.
However, today, an affidavit has been filed by Shri Saket Malviya, Collector,
District Ashoknagar, giving a specific undertaking that a pakka room with
RCC roof will be constructed within a period of six months from today.
During the course of submission also, it was pointed out that he would get
the DPR prepared within a period of two days and will obtain financial
sanction from the concerning authorities.
3. It is submitted by Shri Vibhor Kumar Sahu that primary intention of
petitioner is to seek a place for lawyers sitting in the premises where
Tehsildar and Naib Tehsildar are functioning. It is submitted that once the
assurance is being given by the Collector, District Ashoknagar, that a pakka
room for the said purpose of the lawyers will be provided within a period of
six months, then he has no objection in case if the petition is disposed of on
the basis of affidavit filed by Shri Saket Malviya, Collector, District
Ashoknagar.
4. Considered the submissions made by counsel for parties.
5. Affidavit of Shri Saket Malviya, Collector, District Ashoknagar,
reads as under:
"A F F I D A V I T
Name - Saket Malviya
S/o - Shri Jainshankar Malviya
Age - 39 years
Occupation - Collector, District Ashoknagar (M.P.)
R/o - Office of Collector, Collectorate District Ashoknagar (M.P.)

I, state on oath:-
1. That, the deponent is the Collector, District Ashoknagar (M.P.) on
behalf of respondents/State in the instant petition and fully conversant with
the facts and circumstances of the case.
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 10/30/2026
2:30:13 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33205
4 WP-26991-2026
2. That, I deponent undertakes that the construction of sitting space (pakka
construction) for lawyers practicing in Tehsil Ashoknagar will be
constructed and construction shall be completed within six months from
today.
3. That, the aforesaid affidavit is filed in compliance of order passed by
the Hon'ble Court.

PLACE: GWALIOR D E P O N E N T
DATED: 29/10/2026


VERIFICATION
I, the above named deponent do verify that the contents of this affidavit
from para 1 to 3 are true to the best of my knowledge. No part of it has
been false and nothing has been concealed therein.

PLACE: GWALIOR D E P O N E N T
DATED: 29/10/2026"
6. The Supreme Court in the case of Sarika Tyagi v. Union of India, by
order dated 26.10.2026 passed in W.P. (C) No. 770/2026 , has also directed
that separate room with basic amenities be provided for female lawyers
irrespective of the number of female lawyers practising in that particular
court. Therefore, it is directed that while constructing building for Bar room,
respondents shall also keep in mind the direction given by the Supreme
Court in the case of Sarika Tyagi (supra) and shall provide separate Bar
room with basic amenities for female lawyers also.
7. With aforesaid observations, petition is finally disposed of.
(G. S. AHLUWALIA)
(ANURADHA SHUKLA)
JUDGE
JUDGE
AKS
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 10/30/2026
2:30:13 PM