Court No. - 6
Case :- MATTERS UNDER ARTICLE 227 No. - 3367 of 2019 Petitioner :- Arun Kumar Singh Respondent :- Smt. Vimlawati Devi Counsel for Petitioner :- Neeraj Rai,Prateek Rai
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner.
This petition under Article 227 of the Constitution challenges the order passed by the District Judge rejecting a Transfer Application moved by the petitioner here seeking transfer of proceedings relating to O.S. No. 454 of 2008 (Arun Kumar Singh Vs. Smt. Vimalawati Devi) pending in the Court of Second Additional Civil Judge (S.D.), Varanasi. The original order passed by the District Judge, Varanasi was also questioned by way of a Review Petition which too has been dismissed by the impugned order dated 15 December 2018.
In support of the Transfer Application it was alleged that the Presiding Officer was seen by the applicant coming and going out of Surabhi International Hotel which is allegedly owned by a land grabber. It was further alleged that the son of the opposite party and outsiders were seen coming out and going in to the Chambers of the Presiding Officer. It was also alleged that the son of the opposite party had been disqualified by the Bar Counsel of U.P. from practising and that in view thereof the applicant did not expect the Presiding Officer to undertake a fair trial. The District Judge has found no merit in the allegations as levelled by noting that no evidence was available on the record to infer or evidence that the son of the opposite party was seen coming out or going into the Chambers of the Presiding Officer. It has further been noted that merely because an adverse order has been passed by the Presiding Officer the same cannot constitute a ground for transfer of the case. This Court further notes that even if it is assumed that the Presiding Officer had visited the Hotel in question that also cannot possibly form or constitute a ground for transfer of proceedings since the hotel is evidently a public place. The District Judge has also borne in mind the peremptory directions issued by this Court commanding the Presiding Officer to dispose of the pending suit preferably within a period of one year. In view thereof, he has opined that merely because the Presiding Officer proceeded in the matter with expedition, the same cannot be a ground for transfer.
The orders impugned merit no interference. The writ petition is dismissed.
Order Date :- 30.4.2019 Arun K. Singh (Yashwant Varma, J.)