The grievance of the petitioner is that once the transfer application has been allowed and the District Judge, Azamgarh has transferred the case pending in the court of Additional District Judge, Court No. 1, Azamgarh in his own court there is no justification in asking the petitioner again to appear before the Additional District Judge, Court No. 1, Azamgarh fixing the date.
Learned counsel for the petitioner submitted that the impugned order shows that no reason whatsoever has been given asking the petitioner to appear before the Additional District Judge, Court No. 1, Azamgarh.
In the circumstances, let the District Judge, Azamgarh may give the reply as to why he has asked the petitioner to appear before the Additional District Judge, Court No. 1, Azamgarh once the transfer application has already been allowed and the case has been transferred from Additional District Judge, Court No. 1, Azamgarh to District Judge, Azamgarh.
The Registry is directed to issue notice to the District Judge, Azamgarh to show cause within three weeks.
List this case on 25.7.2011.
Till then the proceeding pending before the Additional District Judge, Court No. 1, Azamgarh in Suit no. 121 of 1999 shall remain stayed.
Order Date :- 4.7.2011 OP