Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6819 of 2019 Petitioner :- Fateh Bahadur Singh Respondent :- District Judge, District Mau And 4 Others Counsel for Petitioner :- Anil Kumar Chaudhary
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 30.7.2019, the District Judge has rejected the transfer application filed by the plaintiff-petitioner for transfer of the proceedings of Original Suit No.114 of 2017 from the court of Sri Balwant Kumar Bharti, Civil Judge (Junior Division), Mohammadabad Gohna, Mau to some other court of competent jurisdiction. The District Judge while rejecting the transfer application has placed reliance on comments submitted by the Presiding Officer in which he has denied having any relationship with the defendants, as alleged by the plaintiff. The District Judge has also observed that according to the comments submitted by the Presiding Officer, the applications 35C2 and 37C2 were posted for disposal. The prayer made in those applications is for recall of exparte order of temporary injunction passed in favour of the plaintiff. The Presiding Officer, in his comments, has mentioned that the plaintiff is seeking repeated adjournments on account of which applications 35C2 and 37C2 could not be disposed of so far. He also stated in his comments that he has no objection in case the proceedings are transferred to some other court. The District Judge observed that the allegation made against the Presiding Officer are baseless and false.
After hearing counsel for the petitioner, this court finds no good ground to interfere with the impugned order in exercise of power under Article 227 of the Constitution. The District Judge has rightly placed reliance upon the comments submitted by the Presiding Officer. Even before this Court, there is no material in support of the allegation levelled by the petitioner against the Presiding Officer.
The petition is accordingly dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 26.9.2019 skv