Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 4067 of 2018 Petitioner :- Nutan Vijay Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kshitij Shailendra Counsel for Respondent :- C.S.C.,Bushra Maryam,Manish Goyal
Hon'ble Mrs. Sunita Agarwal,J.
Instructions supplied by Ms. Bushra Maryam, learned counsel for the respondent No.2 is taken on record.
The challenge herein is to the order dated 10.4.2018 passed by the District Judge, Moradabad in rejecting the Transfer Application No.Nil of 2018 (Nutan Vijay v. State of U.P. & Ors.) with the observation that he has no jurisdiction to transfer the matter from one district to another district inasmuch as, the said transfer can be made only by the High Court under Section 24 of the Code of Civil Procedure, 1908.
It appears that the dispute being raised herein is with regard to the transfer of records of cases from District Moradabad to District Sambhal on account of creation of new district. Submission of learned counsel for the petitioner is that the Circular dated 20.3.2018 issued by this Court directing the District Judge, Moradabad, Badaun and Sambhal at Chandausi to ensure compliance of court's letter dated 1.11.2000 for transfer of records to the newly created District Sambhal has not been complied with. In the instructions supplied by Ms. Bushra Maryam, learned counsel for the respondent No.2 it is intimated that the transfer of records has been made by the District Judge, Moradabad and the letter of the District Judge, Sambhal at Chandausi dated 21.7.2018 records that the Circulars dated 1.11.2000 and 20.3.2018 have duly been complied with.
Even otherwise, the order of rejection of the transfer application dated 10.4.2018 passed by the District Judge, Moradabad under Section 24 of the Code of Civil Procedure, 1908 cannot be faulted inasmuch as, the District Judge has no jurisdiction to transfer the matter from one district to another district.
In so far as the plea of the petitioner for non-compliance of the administrative circulars issued by this Court is concerned, it would be appropriate that the petitioner may approach the Registrar General, High Court, Allahabad who may do the needful, at the earliest.
Subject to the above observations, the present petition is dismissed.
Order Date :- 27.7.2018 Jyotsana