AKILA BEGUM Vs. ADDL. COMMISSIONER

JUDGEMENT

(1.) THIS is a transfer application moved on behalf of Smt. Akila Begum and Smt. Shamim Begum with the prayer to transfer the first appeal No. 17 of 2000-2001 Smt. Akila Begum and another v. State of UP and others, pending before the Court of the Additional Commissioner (Administra­tion), Moradabad Division, Moradabad to the Court of the Commissioner/Addition­al Commissioner (Judicial), Moradabad Division, Moradabad, on account of the apprehension in the minds of the ap­plicants for not getting justice from the Court concerned. Para wise 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.

(2.) I have heard the learned counsel for the applicant and have also perused the papers on file. For the applicant, it was contended that since the stay application was rejected, the Court concerned seems to be prejudiced; that the applicans have no faith in the Court concerned to get justice from the said Court and as such the case be transferred to some other Court of Commissioner/Additional Commis­sioner.

(3.) CONSEQUENTLY , this transfer ap­plication is here by allowed and the first appeal No. 17 of 2000-2001 Smt. Akila Begum and another v. State of UP and others is transferred to the Court of the Additional Commissioner (Judicial), Moradabad Division, Moradabad, for dis­posal according to law. Parties arc directed to appear before the said Court on 17-7-2(M). Application allowed.