JOGENDRA NARAIN SINGH Vs. RADHA PRASAD SINGH

JUDGEMENT

(1.) This is an application on behalf of the plaintiffs in a suit pending in the Court of the Subordinate Judge at Deoghur for the transfer of that suit to the Court of the District Judge at Bhagalpur. The grounds for transfer are contained in paras. 11 and 12 of the application filed in this Court. In para 11 it is stated that in the Santal Parganas under the Santal Regulations the executive and the judicial functions are carried on by the same officers and the petitioners apprehend that if the suit is tried by the same officers in their judicial capacity they will not have a fair and impartial trial at their hands as these officers have already expressed their opinion in the matter in their executive capacity at the time when they dismissed petitioner 1 from the office of Ghatwal.

(2.) The second ground set out in para 12 of the application is a ground of convenience. The suit brought by the petitioners is for a declaration that the dismissal of petitioner 1 from his office of Ghatwal of the Kunjora ghatwali was unlawful and for the removal of defendant 1 who was appointed ghatwal in his place and for recovery of possession of the ghatwali properties. There is an alternative prayer that petitioner 2 who is the son of petitioner 1 may be appointed ghatwal if the dismissal of petitioner 1 be held to be lawful. It is alleged that the order relating to the dismissal of plaintiff 1 was passed by the Commissioner and that the Subdivisional Officer and the Deputy Commissioner acted in their executive capacities in the matter of his dismissal; and the Subordinate Judge before whom the present suit is pending who is also the Subdivisional officer will have to decide the question now in his judicial capacity whether the action taken by the revenue authorities was lawful or otherwise and therefore the petitioners allege that they apprehend that they will not have a fair and impartial trial at the hands of the present Subordinate Judge.

(3.) Now it is to be noticed that the present officer before whom the suit is pending had nothing to do with the proceedings relating to the dismissal of plaintiff 1. Those proceedings were held by different officers who have all been transferred from the place. Moreover the Subordinate Judge in hearing the suit pending before him will be acting as such under the Civil Courts Act and he will in no way be a subordinate to the Commissioner inasmuch as appeal against his decision in this suit will lie direct to the High Court.