CHINTOLEY Vs. GAON SABHA

JUDGEMENT

(1.) THIS is a transfer application moved on behalf of Chintoley and Bhomiya s/o Kishor with the prayer that the appeal No. 59/66 of 1994 Chintoley v. State, pending before Sri D.N. Gupta, Additional Commissioner, Jhansi Division, Jhansi be transferred to some other Court. Parawise comments from the Court concerned were called for and the same is on the record.

(2.) I have heard the learned Counsel for the parties and have also perused the papers on file. For the applicant, it was submitted that after the aforesaid appeal was decided a review petition filed against the said order was rejected by the aforesaid Additional Commissioner. Thereafter, a restoration application was filed by some persons of the village concerned ; that this restoration application is beyond time and could not be filed by third persons who were not arrayed as parties to the aforesaid appeal; that the persons who have filed this restoration application are openly saying that they shall obtain an order from the said Court in their favour and as such the present applicant has no hope of get­ting justice from the Court of Sri D.N. Gupta, Additional Commissioner where this restoration application is pending ; that in these circumstances the aforesaid case be transferred to some other Court. In the para wise comments, the Courts con­cerned has expressed its view that it has no objection if the case is transferred to some other Court as the Court of the Additional Commissioner (Administration) is lying vacant. The learned Counsel for the op­posite-party, in reply has submitted that the allegations levelled in the aforesaid transfer application are vague and frivolous and as such there is no justifica­tion to transfer the aforesaid case to some other Court.

(3.) IN consequence, this transfer ap­plication is allowed and the aforesaid case is transferred from the Court of Sri Deena Nath, Additional Commissioner, Jhansi Division, Jhansi to the Court of some other Additional Commissioner. Application allowed.