DHARAMPAL SINGH Vs. KUNWAR VIJAI SINGH

JUDGEMENT

(1.) THIS is a transfer application moved on behalf of Dharampal Singh, with the prayer to transfer the first Appeal No. 107 of 1998-99, Dharampal Singh v. Krishna Kumar and others, pending before the Court of the Additional Commissioner (Judicial), Moradabad Division, Moradabad to the Court of the Additional Commissioner (Administration), Moradabad Division, Moradabad, on account of the apprehension in the mind of the applicant for not getting justice from the Court, concerned. Parawise comments were called for from the Court, concerned, which are on the record. As per the aforesaid comments, the Court, concerned has no objection if the case is transferred to some other Court, denying the allegations levelled against it.

(2.) I have heard the learned Counsel for the parties and have also perused the papers, on file. For the applicant, it was contended that in view of the facts, narrated in the affidavit, the Court concerned seems to be prejudiced; that the applicant has no faith in the Court concerned to get justice from the said Court and as such, the case should be transferred to some other Court. Denying the allegations levelled in the affidavit, the learned Counsel for the opposite party urged that since the applicant has failed to adduce any evidence in support of his claim, this transfer application has no force and deserves to be dismissed outright as such practice should always be dis-couraged.

(3.) CONSEQUENTLY , this transfer application is allowed and the first appeal No. 107 of 1998-99, Dharampal Singh v. Krishna Kumar and others, is hereby, transferred from the Court of the Additional Commissioner (Judicial), Moradabad Division, Moradabad to the Court of the Additional Commissioner (Administration), Moradabad Division, Moradabad for disposal, on merits, according to law. Parties are directed to appear before the said Court on 14-8-2001. Application allowed.