KUNTI DEVI BARBARA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 24 of the Code of Civil Procedure seeking transfer of Misc. Case (L.A.) No. 166 of 2996 currently pending before the learned Additional District Judge, 1st Court at Darjeeling.

(2.) From the cause title it appears that the petitioner is a resident within the jurisdiction of Beniapukur Police Station, Kolkata 700 014. In the application the petitioner has made out a case that she is the owner of a building known as 'Bindu Kothi' together with vacant land adjoining the building situated at Kalimpong Town, District - Darjeeling. The said building together with vacant land has been acquired by the Government for the purpose of official residence. In pursuance of L.A. Case No. 7/40 of 75-76, the petitioner got a notice of an award under Section 11 of the Act-I for a sum of Rs. 2,65,591.00.

(3.) Being aggrieved by the said award the petitioner has filed a reference under Section 18 of 1894, which is currently pending before the learned Additional District Judge, 1st Court at Darjeeling. As a ground for transfer under section 24 of the Code of Civil Procedure, the petitioner says that the said case has not proceeded with since the date of its filing. Petitioner has got an apprehension that the same may not proceed at an early date.