- (1.) Heard Shri Shashi Nandan, learned Senior Advocate assisted by the petitioner no. 1 appearing in person, Shri Ashutosh Dwivedi for respondent no. 1, Bar Council of Uttar Pradesh and Shri R.B. Singh, appearing for respondent no. 2.
(2.) The two petitioners, who are duly registered with the U.P. Bar Council and practising advocates of this Court, have approached this Court challenging the disciplinary proceedings initiated against them registered as Case No. 39 of 2008, Satya Prakash Nigam Vs. Shakti Swarup Nigam & Ors. in the Bar Council of Uttar Pradesh. The proceedings were initiated on a complaint filed by respondent no. 2, who is a collateral of petitioner no. 1.
(3.) The dispute between petitioner no. 1 and respondent no. 2 is in respect of the free hold rights in respect of property no. 41 Civil Station, Allahabad. On the basis of nomination by the original lessee of the said property in favour of late Har Swarup Nigam, father of petitioner no. 1, an application was made for grant of free hold right over the property in question. Under the provision of free hold scheme, certain amount was deposited by Shri Har Swarup Nigam, on the basis of the self assessment on 29.01.1999. However, during the pendency of the proceedings, Shri Har Swarup Nigam expired on 10th March, 2000. In pursuance of the final demand notice dated 28.10.2000, petitioner no. 1 and other legal heirs of late Har Swarup Nigam deposited the outstanding demand and thereafter, District Magistrate, Allahabad executed a free hold deed in their favour. Petitioner no. 2 is only a witness of the said free hold deed.;