LAWS(JHAR)-2006-3-68

SAWARMAL PODDAR @ KOKA Vs. AJAY KUMAR PODDAR

Decided On March 29, 2006
Sawarmal Poddar @ Koka Appellant
V/S
Ajay Kumar Poddar Respondents

JUDGEMENT

(1.) IN this application the petitioner has prayed for transfer of the Title Appeal No. 66 of 2003 and 68 of 2003 from the Court of Shri R.K. Sahay, Additional Judicial Commissioner, Fast Track Court, Ranchi to any other Court. The petitioner has stated that he has got apprehension that he will not get justice from the said Court and as such he has filed this petition. The petitioner could not make out any cogent ground so as to form any basis for such apprehension or for transfer of the appeal from the said Court. A person has to make out a clear ground in support of the alleged apprehension which amounts to raising a finger on the integrity of the presiding officer. There should be valid ground for seeking transfer of a case pending in any Court and that should stand to reasons for effective scrutiny. A case assigned to or pending before any presiding officer/Judge or the Court cannot be withdrawn and transferred to the other Court on an unfounded apprehension of a party litigant.

(2.) I find no ground made out by the petitioner to accept his prayer for transferring the appeal to any other Court. This petition is, accordingly, dismissed.