Sunil Kumar Tiwari v. Ashok Tiwari

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 268 of 2019 Sunil Kumar Tiwari, S/o Late Ramkesh Tiwari, aged about 42 years, R/o Godhanpur, City Ambikapur, District Surguja, Chhattisgarh. ---Petitioner/Applicant

Versus

1. Ashok Tiwari, S/o Late Ramkesh Tiwari, aged about 58 years, Occupation- Business, R/o Village Sarhari, PS Pratappur, District Surguja, Chhattisgarh.

2. State of Chhattisgarh, Through the Collector, Surajpur, District Surajpur.

---- Respondents/Non-applicants For Petitioner :

Mr. B.P. Sharma, Advocate For State :

Mr. Apurv Goyal, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/04/2019

1. By the impugned order dated 12/03/2019 passed in Miscellaneous Civil Suit No. 12/2017, petitioner's application under Order 24 of the CPC for the transfer of the Civil Suit No. 13A/2016 from one Court to another Court has been rejected by the trial Court against which this writ petition has been preferred by the petitioner/applicant.

2. Learned counsel for the petitioner submits that learned District Judge is absolutely unjustified in rejecting petitioner's application under Order 24 of the CPC as petitioner has already made a complaint against the presiding officer in which High Court has taken cognizance in administrative side therefore, the application ought to have been granted.

3. I have heard learned counsel for the petitioner at length, considered his submissions and went through the records with utmost circumspection.

4. Learned District Judge has assigned sufficient and valid reason for rejecting the application filed by the petitioner for transfer of civil suit finding no merits including that no ground has been made out to entertain the application in which I do not find any illegality or perversity warranting interference under Article 227 of Constitution of India.

5. This writ petition deserves to be and is accordingly dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet