DUNGAL MAL SISODIYA Vs. DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) HEARD Smt. Rama Goel, the learned Counsel for the petitioner and Shri Pankaj Srivastava, the learned Counsel for the contesting respondents. Raising a short controversy the present writ petition has been filed by the petitioner who is a tenant of a shop situate at Chandausi, District Moradabad. It appears that an application under section 21(1)(a) of the U.P. Act No. 13 of 1972 was filed by the respondent before the Prescribed Authority at Chandausi. The said application has been allowed against which the present petitioner has filed the Rent Appeal No. 27 of 2006 before the District Judge, Moradabad. The said appeal was transferred by the District Judge, Moradabad to the Additional District Judge, Moradabad. Subsequently, it transpires that the said appeal was transferred on the administrative side by the learned District Judge, Moradabad to the Additional District Judge, Chandausi. Feeling aggrieved by the aforesaid administrative transfer order passed by the learned District Judge, Moradabad, the present writ petition has been filed by the tenant on the ground that the petitioner had already filed an application before the learned District Judge, Moradabad stating that a close relative of the respondent No. 2 is practising at Chandausi with the result the petitioner is not getting any competent Advocate for holding the brief. The grievance of the petitioner is that instead of transferring the case to the Court at Chandausi, it may be heard and decided by any competent Court at Moradabad. The learned Counsel for the respondents submitted that he has no objection if the matter is re -transferred to Moradabad and is heard and decided on the next date i.e. 16th of April, 2007. Although the learned Counsel for the respondents has expressed some apprehension or doubt and submitted that the Counsel of the petitioner at Moradabad is an Ex -secretary of the Bar Association. However, looking into the facts and circumstances of the case and the clear cut understanding given by Smt. Rama Goel that the appellant shall get his appeal argued on 16th of April, 2007 without seeking any adjournment, the District Judge, Moradabad is hereby requested to recall the file of the said appeal from the Court at Chandausi and hear and decide the appeal himself on 16th of April, 2007 subject to his convenience. If the learned District Judge, Moradabad for one reason or the other does not find it convenient to hear the appeal on 16th of April, 2007, he may adjourn it for a short duration. The learned District Judge, Moradabad will do good by hearing and deciding the appeal within a period of two months from the date of production of the certified copy of this order. With the aforesaid direction the writ petition is allowed.