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Rajendra Kumar v. A.K. Singh Civil Judge (S/D) And Others - TRANSFER APPLICATION (CIVIL) No. 379 of 2006 [2006] RD-AH 19414 (16 November 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Umeshwar Pandey, J.

The Registry has placed this writ petition before this court, which has been converted by the office as a petition under Section 24 C.P.C. There is no order of the court to convert this petition as an application under Section 24 C.P.C. The office has misdirected things and by committing gross negligence has placed it before this court. In an earlier Misc. writ petition No. 60707 of 2006 the office has committed the same illegality by converting it as an application under Section 24 C.P.C. and giving it number (370 of 2006) as such. That matter has been referred to the Registrar General for suitable orders on the administrative side. This case will also be placed before the Registrar General for such orders.

In view of the case law of Jagdish Kumar Vs. District Judge, Badaun and others, 1998 (1) A.R.C. 305, the writ petition filed against an order of the District Judge rejecting an application for transfer moved under Section 24 C.P.C. has been held to be incompetent. It has been propounded that if by the order the District Judge has rejected the prayer of the transfer, a fresh transfer petition would lie before this Court. Accordingly, this writ petition is also dismissed, as has been done in respect of writ petition No. 60707 of 2006. The petitioner is hereby directed to file a fresh application under Section 24 C.P.C. before this court. This petition could not be treated as transfer petition.

The certified copy of the order of District Judge challenged and filed in this writ petition will be returned to the petitioner today.




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