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Rai Prem Chand & Others v. Xith Addl Distt Judge & Others - TRANSFER APPLICATION (CIVIL) No. 179 of 2005 [2006] RD-AH 1877 (24 January 2006)


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Court No. 23

Civil Misc. Transfer Application No. 179 of 2005

Rai Prem Chand & others                                                 ................... Applicants Vs.

XIth Additional District Judge, Varanasi & others            ...................Respondents

Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the applicants.

This transfer petition under Section 24 of C.P.C. has been moved for transfer of the Land Acquisition Reference Case No. 33 of 1999, Sudhakar Rao Getha & others Vs. Collector, Varanasi & others, pending in the court of 11th Additional District Judge, Varanasi, to some other district on the ground that the case is being delayed simply because of the Presiding Officer of the court, the respondent No. 2 and also because of the respondent No. 3, who is party in that case had been Sr. Administrative Officer in the court of Varanasi. His one one son is a clerk in the Civil Court and the other son is a practicing advocate at Varanasi.

As submitted by learned counsel for the applicants the respondent No. 2, the then Presiding Officer of the court has been transferred from Varanasi to some other district. Now the only ground, which remains alive for transfer of the case is that the respondent No. 3, who is a party in the case, is an ex-Civil Court employee and his son is also working as a Bill Clerk in the court and the other son is a practicing advocate. These grounds as taken for transfer of the case to some other district do not appear to be justifiable. The grievance of the applicants is that the disposal of the case is being delayed.

In view of the facts and circumstances as appearing in the case, there is absolutely no just and proper ground for the transfer of the case to some other district from Varanasi and as such, the prayer for the same is hereby refused and the petition is dismissed.

It is however, directed that the court of 11th Additional District Judge, Varanasi, where the case is pending, shall take up this case and dispose it of expeditiously preferably within  a period of six months.      




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