Rati Ram v. Bijender Singh And ORS

TA 460/2023 2023:PHHC:054155

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA 460/2023 Date of decision:17/04/2023 Rati Ram ..................Petitioner.

Vs.

Bijender Singh and others .....................Respondents

CORAM

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr.Sushil Sheoran, Advocate for the petitioner. Nidhi Gupta, J.

Petitioner/plaintiff by way of this Transfer Application is seeking transfer of Civil Suit No.721/2022 titled Rati Ram v Bijender Singh and others (Annexure P-1), for permanent injunction and for restraining the defendants/respondents from lifting sand and changing the nature of the suit land. as detailed in head note of Annexure P-1, from the Court of Sh. Sandeep Yadav, ACJ(SD) Charkhi Dadri to any other court of competent jurisdiction at Charkhi Dadri.

The ground on which the transfer is sought that the trial Court has so far not decided the application under Order 39 Rules 1 and 2 filed along with the suit on 13.7.2022 and as such the petitioner is "having apprehension not to get the justice".

Ld. counsel for the petitioner states that in view of the apprehension of the petitioner, the civil suit in question, be transferred to some other court of competent jurisdiction.

RAJINDER PARSHAD JOSHI 2023.04.19 10:16 I attest to the accuracy and integrity of this document

TA 460/2023 2023:PHHC:054155 Heard ld. counsel.

A perusal of the paper book reveals that the petitioner had already filed a Transfer Application before the District Judge, Bhiwani vide TA/86/2022 with the same averments and the said application was dismissed vide order dated 22.12.2022 (Annexure P-2) by observing therein that " The apprehension of not getting a fair and impartial justice is required to be reasonable and not imaginary, based on conjectures and surmises. A prayer for transfer is ought to be allowed only when there is a well substantiated apprehension that justice will not be dispensed impartially, objectively and without any bias". It is further observed therein that there is nothing on record to suggest that ld. Presiding Officer adjourned the case intentionally.

Moreover, the learned District Judge has already directed the Court concerned to expeditiously dispose of the stay application in accordance with law. In this view of the matter, I do no find any ground to interfere in the present Transfer Application and the same is hereby dismissed. 17/04/2023 (Nidhi Gupta) Joshi Judge Whether speaking/reasoned Yes Whether reportable Yes/No RAJINDER PARSHAD JOSHI 2023.04.