Dismissed

Nazmuddin Ahmad v. Raj Kumar and 2 Others

Allahabad HC26 May 2022A227/3983/2022

Case brief

AI extract

What is this about?

The petition under Article 226 seeking to challenge the dismissal of a transfer application under Section 24 C.P.C. was dismissed. The bench held that the transfer application was not maintainable before the District Judge regarding a Rent Appeal under the U.P. Act, as the Appellate Authority was not subordinate to the District Judge.

What did the court decide?

The writ petition filed under Article 226/227 against the order dismissing the transfer application is summarily dismissed.

Nazmuddin Ahmad Vs Raj Kumar and 2 Others — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 6

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Case :- MATTERS UNDER ARTICLE 227 No. - 3983 of 2022

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Petitioner :- Nazmuddin Ahmad Respondent :- Raj Kumar And 2 Others Counsel for Petitioner :- Narendra Kumar Chaturvedi

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Hon'ble J.J. Munir,J.

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By the impugned order dated 26.04.2022, Transfer Application No. 88 of 2022 moved by the petitioner, Nazmuddin Ahmad under Section 24 C.P.C. seeking transfer of Rent Appeal No. 13 of 2016 from the Court of the Special Judge, Prevention of Corruption Act, Court No. 2, Gorakhpur to any other court of competent jurisdiction in the Judgeship has been rejected. The learned District Judge, after considering the merits of the matter has dismissed the application for transfer vide order dated 26.04.2022. It is this order that the petitioner seeks to assail through the present petition under Article 227 of the Constitution.

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Heard Mr. Narendra Kumar Chaturvedi, learned counsel for the petitioner in support of the motion to admit this petition to hearing at length.

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An Additional District Judge, who is seized of an Appeal under Section 22 of the U.P. Act No. 13 of 1972 sits as an Appellate Authority under the said Act, acting as a persona designata under the Act last mentioned. The Additional District Judge is not a Court subordinate to the District Judge within the meaning of Section 115 and a fortiori under Section 24 of the C.P.C. No application seeking transfer of a proceeding under Section 21 or an Appeal under Section 22 is maintainable under Section 24 of the Code before the District Judge. In our opinion, therefore, the transfer application before the learned District Judge was not maintainable.

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Therefore, for reasons very different from those that weighed with the learned District Judge, this Court concurs in the order made. However, it may be clarified that the comments of the District Judge on the merits of the case for transfer would be of no consequence, the District Judge being not possessed of jurisdiction to hear the transfer application under Section 24 C.P.C. It is also clarified that it will be open to the petitioner to pursue such remedies for the purpose of seeking transfer as may be advised.

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Subject to the above remarks, there is no force in this petition. It is summarily dismissed . No order as to costs.

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Order Date :- 26.5.2022 Brijesh Maurya

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Digitally signed by BRIJESH KUMAR Date: 2022.05.27 17:48:36 IST Reason: Location: High Court of Judicature at Allahabad

Nazmuddin Ahmad v. Raj Kumar and 2 Others

Case brief

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Nazmuddin Ahmad v. Raj Kumar and 2 Others

Case brief

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