Deepak vs Learned Principal
2022 Latest Caselaw 16083 MP

                                          -1-


        IN THE HIGH COURT OF MADHYA PRADESH
                     AT I N D O R E
                                           BEFORE
                   HON'BLE SHRI JUSTICE VIVEK RUSIA
                        ON THE 5th OF DECEMBER, 2022


                         MISC. PETITION No. 5886 of 2022

             BETWEEN:-
                       DEEPAK S/O LATE ASHOK KASLIWAL, AGED
                       ABOUT 62 YEARS, OCCUPATION: BUSINESS
                       KALYAN BHAWAN, 582 M.G. ROAD. DISTRICT
                       INDORE (MADHYA PRADESH)
                                                                   .....PETITIONER
                       (PETITIONER PRESENT IN PERSON)

             AND
                       LEARNED    PRINCIPAL   DISTRICT   JUDGE
                       DISTRICT INDORE, (MADHYA PRADESH)
                                                               .....RESPONDENTS
                       (NONE FOR THE RESPONDENT)
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           This application coming on for orders this day, the court passed
the following:
                                           ORDER

The petitioner, who is one of the parties in as many as 7 civil case pending before the Court of IV District Judge, Indore, has filed the present petition seeking direction to the respondent i.e. Principal Judge, Indore to decide the representation (Annexure-P/1) within 15 days.

By way of representation dated 12.11.2022, the petitioner

sought transfer of proceedings of seven civil cases instituted by him to some other Court because of the alleged misbehavior of the learned Judge. The petitioner submitted a representation on 12.11.2022 and sent a copy to Hon'ble the Chief Justice of India and Law Minister. The petitioner has filed the present petition on 29.11.2022.

There is a specific provision under the Code of Civil Procedure, by way of Section 24 and the same can be invoked by a party seeking transfer of the proceeding. The District Judge as well as High Court are the competent Court to transfer the proceedings if such an application is filed under Section 24 of the CPC. Transfer cannot be done by submitting any representation. Hence, the application as well as this petition both are misconceived. The petitioner has not impleaded all the defendants of all the seven cases. Principal District Judge is not liable to be impleaded as a respondent in any petition filed under Article 226 / 227 of the Constitution of India. The petitioner is a habitual litigant. It is not a case, where petitioner cannot afford assistance of legal advisor or advocate. He has filed the petition without taking any legal opinion which immensely caused the wastage of valuable time of this Court. This Court tried to explain him that such representation is not maintainable before the District Judge seeking transfer of case unless duly constituted application under Section 24 of the CPC is filed, but he is not ready to understand rather he has supplied photocopies of judgments of Apex Court.

In view of the above, Miscellaneous Petition stands dismissed with a cost of Rs.10,000/- (Rs.5,000/- payable to District Legal Aid Services Authority & Rs.5,000/- to State Legal Aid Services Authority).

(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2022.12.06 19:00:06 +05'30'