NARAIN SHARAN SHARMA Vs. LALITA DEVI

JUDGEMENT

(1.) This writ application was at first heard by a Division Bench of this Court consisting of B. P. Jha and Chaudhary Sia Saran Sinha, JJ. Since the Hon'ble Judges differed on the only point on which the writ petition was to be decided, it has been referred to me.

(2.) The petitioner has made a prayer in the writ application to quash Annexures 3, 4 and 6 to the application. The petitioner had filed an application before the District Judge of Patna under Section 242 (5) of the Patna Municipal Corporation Act, 1951 (hereinafter referred to as 'the Act') and an order of ad interim injunction against respondents 1 to 3 was passed. Thereafter the District Judge, Patna, by his order (Annexure 4) transferred the case to the file of Additional District Judge, Patna. In pursuance of the order of the District Judge, order of transfer was issued by the Registrar of Civil Court, Patna which is Annexure 3. After the transfer of the case to the file of First Additional District Judge, Patna, the petitioner raised an objection before him that he was not competent to hear the case. By order (Annexure 6) the learned Additional District Judge has overruled the objection. Hence the petitioner has filed the present writ application here.

(3.) The contention of learned counsel for the petitioner has been that the Additional District Judge, Patna, is not competent to try the case as, according to him, it is the District Judge, Patna, alone who under the provision of Section 242 (5) of the Act has been empowered to try the case. The contention on behalf of the respondents, on the other hand, has been that the application filed under Section 242 (5) of the Act before the District Judge can be disposed of by the Additional District Judge on transfer made to him by the District Judge.