Sanjay Pandey @ Kripa Shanker v. Vijendra Bhatnagar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No.187 of 2019 Sanjay Pandey @ Kripa Shanker, S/o Shri Madan Gopal Pandey, Aged 49 years, R/o C 313, Shailendra Nagar, Tehsil & District Raipur (CG) ---- Petitioner

Versus

1. Vijendra Bhatnagar S/o Shri Ramsaran Bhatnagar, Aged 48 years, R/o Kaali Badi, Near Hanuman Nagar, Tehsil & District Raipur (CG)

2. State of Chhattisgarh, Through District Collector, Raipur, Tehsil & District Raipur (CG) ---- Respondents For Petitioner :

Mr.Jaiprakash Shukla, Advocate For Respondent No.2 :

Mr.S.K.Agrawal, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 08/03/2019

1. Learned counsel for the petitioner would submit that learned District Judge has committed illegality in not entertaining the transfer petition as he has apprehension that he will not get justice as the said Court has already decided Civil Suit No.26B/12 (Vijendra Bhatnagar v. Kirpa Shanker @ Sanjay Pandey) by its judgment and decree dated 3.8.2018.

2. I have heard learned counsel for the petitioner on the question of admission of writ petition.

3. Learned District Judge has given sufficient and valid reason to reject the petition under Section 24 of the CPC. Merely because one civil suit has been decided between the same parties will not give rise

ground to seek transfer of other pending suit between the same parties to another Court.

4. Accordingly, the writ petition being devoid of merit is liable to be and is hereby dismissed. No cost(s).

Sd/- (Sanjay K.Agrawal) Judge B/-