Allahabad High Court
Ainul Haq vs Additional Commissioner ... on 19 September, 2014
Bench: Devendra Kumar Upadhyaya
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
AFR
Court No. - 10
Case :- APPLICATION UNDER SECTION 24 C.P.C. No. - 102 of 2014
Applicant :- Ainul Haq
Opposite Party :- Additional Commissioner (Administration) Gonda And Ors.
Counsel for Applicant :- Daya Shanker Yadav
Hon'ble Devendra Kumar Upadhyaya,J.
This petition under Section 24 of Code of Civil Procedure has been preferred seeking an order of this Court for transferring the revision petition filed by the petitioner under Section 333 of Uttar Pradesh Zamindari Abolition and Land Reforms Act pending before the court of Additional Commissioner, Faizabad Division, Faizabad.
Section 24 of CPC runs as under:-
"24.General power of transfer and withdrawal- (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and-
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which [is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
(3) For the purposes of this section,-
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) "proceeding" includes a proceeding for the execution of a decree or order.]
(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.".
Perusal of the aforequoted provision of Section 24 of CPC reveals that the jurisdiction of this Court has been restricted to a general power of transfer and withdrawal of the case from the court subordinate to it and further that it is only a civil court which can be said to be subordinate to High Court for the purpose of exercising its power or authority under Section 24 of CPC, in view of provision contained in Section 3 of the Code.
Section 3 of the Code clearly provides that for the purposes of this Code, the District Court is subordinate to the High Court and every civil court of a grade inferior to that of a District Court and every Court of small causes is subordinate to the High Court and District Court.
Admittedly, the court of Additional Commissioner is not a civil court, rather the same is creation of U.P.Z.A and L.R. Act/U.P. Land Revenue Act. Thus, in my considered opinion, the instant petition seeking transfer of the revision petition pending before the Additional Commissioner, Faizabad Division, Faizabad is not maintainable.
So far as the power of transfer of cases instituted under the relevant provision of U.P.Z.A & L.R. Act is concerned, it is noteworthy that Section 293 makes the provision of Chapter IX and X of U.P. Land Revenue Act applicable to the proceedings made or taken under U.P.Z.A. & L.R.Act.
Section 191 of U.P. Land Revenue Act empowers the Board of Revenue or Commissioner to transferring the case or proceeding from any subordinate revenue court or revenue officer to any other court or officer competent to deal with such matters. It is further relevant to point out that Section 191 falls under Chapter IX of U.P. Land Revenue Act, which according to Section 293 of U.P.Z.A & L.R. Act, is applicable to the proceedings drawn under U.P.Z.A. & L.R. Act.
Thus, the petitioner, if so advised, may take recourse to appropriate provisions of law as referred to hereinabove, for redressal of his grievance, if any.
In view of above discussions, this petition is dismissed.
Costs made easy.
Order Date :- 19.9.2014
Renu/-
