Uttarakhand High Court
Smt. Sharda And Others ... vs State Of Uttarakhand And Another on 23 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Transfer Application No. 44 of 2018
(Under Section 24 of Code of Civil Procedure)
Smt. Sharda and others .....Applicants
Versus
State of Uttarakhand and another ......Respondents
Mr. Neeraj Garg, learned counsel for the applicants.
Mr. T.S. Bindra, learned counsel for the respondents.
Dated: 23rd July, 2021
Hon'ble N.S. Dhanik, J.
Applicants has initially approached this Court
seeking transfer of Rent Control Appeal No. 9 of
2018, "Smt. Kalawati and others v. Pradeep Kumar
and another", which was then pending consideration
before the Court of learned 1st Additional District
Judge, Dehradun to other District.
2. A Co-ordinate Bench of this Court on hearing
learned counsel for the parties passed the following
order on the said transfer application.
"Learned counsel for the applicants submitted
that respondent no. 4 is a Class-III employee in
Judgeship, Dehradun. He submitted that when the
suit was heard, at that time, the applicants submitted
written arguments. The said written arguments were
in the file of the case; but, while deciding the suit, the
trial Court did not consider the written arguments
filed by the applicants before the Court. He submitted
that when the applicants inquired, then only they
came to know that the written arguments were
missing from the file of the case. He submitte that now
the matter is pending consideration before the learned
1st Additional District Judge, Dehradun. He submitted
that now the matter is pending consideration before
the learned 1st Additional District Judge, Dehradun.
He submitted that though the applicants have full
faith in judiciary; but, they are apprehending that,
since respondent no. 4 is a Class-III employee in
Judgeship, Dehradun, the learned Judge, dealing with
the matter, may get influenced.
I have considered the submission advanced by
the learned counsel for the parties and have perused
the papers available on record.
In my view, ground taken by the applicants is
not a valid ground to allow this transfer application
and transfer Rent Control Appeal No. 9 of 2018, which
is pending consideration before the Court of learned
1st Addl. District Judge, Dehradun to some other
district. However, considering the fact that certain
allegations have been leveled by the applicants and
keeping in mind that the judgment should be
pronounced in fair manner, I think it appropriate that
the matter should be heard by the District Judge,
Dehradun himself."
3. Now an application has been received from the
learned District Judge, Dehradun wherein it has been
stated that he has assumed charge as District Judge,
Dehradun on 03.02.2021 and one of the parties to the
aforementioned appeal, is an employee of the Dehradun
Judgeship and he visits his residence in connection with
office work, accordingly, it has been requested that the
aforementioned case be transferred to some other
competent Court. The said application of the District
Judge, Dehradun has been listed today for orders.
4. Learned counsel for the opposite party does not
object to the transfer application.
5. Having heard learned counsel for the parties,
considering the facts of the case and with the consent of
learned counsel for the both parties, the Rent Control
Appeal No. 9 of 2018, "Smt. Kalawati and other v.
Pradeep Kumar and another" is transferred to the Court
of learned Additional District Judge, Vikas Nagar. The
aforesaid application stands disposed of accordingly.
6. The records of this case shall be remitted to the
Court of Additional District Judge, Vikas Nagar
forthwith.
7. Let a copy of this order be sent to the concerned
Courts for doing the needful.
(N.S. Dhanik, J.)
23.07.2021
SB
