The High Court of Allahabad has observed that it is difficult for district judges to freely exercise their jurisdiction due to fear of administrative complaints & subsequent transfers.
The Court also said the district judges are facing "peril of transfer" over "absurd allegations of bias".
While dismissing a writ petition filed by one Maya Devi for possession of a property, Justice JJ Munir observed, "The district judiciary also faces transfer application on hideous & absurd allegations of bias, without the slightest fear in the minds of those who make them about consequences." "It is difficult for a Judge in the civil court to exercise his jurisdiction freely, if he constantly works not just aware of the professional routine of having his orders overturned by a superior court, but the personal peril of harm to his career, if he were to pass orders of effective consequence which his conscience says he must," said the high court.
The court lamented that the petitioner who instead of filing her plea before the civil court, which is the appropriate forum, resorted to moving application before the police & other authorities, which has no role in the civil dispute like this.
"Though citizens' attitudes towards civil courts cannot be accepted, civil courts have become lethargic due to various reasons, including strikes that take away from judicial time. The prescribed court times are not being adhered to in district courts," it said in its recent order.
The court held that all these factors combined have made the civil court "a place of somewhat non-promising resort" for someone who seeks & requires quick relief.
In the present case, the petitioner purchased a plot through a registered sale deed in Kanpur Nagar from one Vir Bahadur Singh. However, the petitioner alleges that when she tried to take possession of the land, Vir Bahadur & his associates stopped her from doing so. Since no action was taken by the sub-divisional magistrate on her complaint, she lodged an FIR under the SC/ST Act.
The petitioner's husband, who is a head constable with the Provincial Armed Constabulary, Lucknow, wrote to commandant, PAC, Mahanagar, Lucknow who then wrote commissioner of police, Kanpur Nagar. Since no action was taken by the authorities, petitioner approached the high court seeking a writ of mandamus for delivery of possession.
Dismissing the writ petition, the court said that the petitioner had approached every authority, which had no jurisdiction in the case other than civil court which ordinarily has jurisdiction over such cases.
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