Nidhi Lata Vs Shri Pramod Nigam — Allahabad HC (2025) — LawSathi Research

Nidhi Lata Vs Shri Pramod Nigam — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn; liberty granted to the petitioner to approach the jurisdictional court at Prayagraj, where any fresh application shall be decided on its own merit.

Issue for consideration

Whether the transfer application is maintainable before this Court at Lucknow when the proceedings sought to be transferred are pending before the court in Siddartha Nagar, which falls outside the territorial jurisdiction of the Lucknow Bench.

Court's answer

The instant application for transfer is not maintainable before this Court at Lucknow, since the proceedings sought to be transferred are pending before the court in Siddartha Nagar, which is outside the territorial jurisdiction of the Lucknow Bench, in view of the law laid down in 2022 SCC Online All 1841 (Vivek Raj Singh).

Ratio / Principle

The application was dismissed leaving it open to the petitioner to approach the jurisdictional court at Prayagraj for seeking remedy, where any such application shall be decided on its own merit; the petition was ultimately dismissed as withdrawn with the liberty prayed for.

Detailed headnote1 paragraphs

Nidhi Lata v. Shri Pramod Nigam — Transfer Application (Civil) No. 89 of 2024, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 8), Neutral Citation 2025:AHC-LKO:26749, order dated 7.5.2025 by Jaspreet Singh, J. — A transfer application seeking transfer of proceedings pending before the court in District Siddartha Nagar was held not maintainable before this Court at Lucknow, Siddartha Nagar lying outside the Lucknow Bench's territorial jurisdiction; the Court relied on the law laid down in 2022 SCC Online All 1841 (Vivek Raj Singh Vs. Civil Judge, Junior Division, Tilhar Shahjahanpur and another). The application was dismissed leaving the petitioner free to approach the jurisdictional court at Prayagraj, any such application there to be decided on its own merit; upon counsel's submission, the petition was finally dismissed as withdrawn with the liberty as prayed for.

Neutral Citation No. - 2025:AHC-LKO:26749

Court No. - 8

Case :- TRANSFER APPLICATION (CIVIL) No. - 89 of 2024

Applicant :- Nidhi Lata Opposite Party :- Shri Pramod Nigam Counsel for Applicant :- Shailendra Misra Counsel for Opposite Party :- Avadhesh Mishra,Nasreen Bano,Shyam Kinkar Pandey

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner.

The record indicates that on 1.5.2025 the court had noticed that an issue of maintainability arises in the instant transfer application and it was put to learned counsel for the petitioner as to how the proceedings are maintainable before this Court at Lucknow specially in context of the fact that the proceedings of which transfer has been sought, are pending in District Siddartha Nagar.

Learned counsel for the petitioner had sought time and it is upon his insistence that the matter was listed today. He could not dispute the fact that the instant application for transfer has been filed seeking transfer of the proceedings pending before the court in Siddartha Nagar which is not within the territorial jurisdiction of this Court at Lucknow.

The aforesaid aspect has already been considered by this Court in 2022 SCC Online All 1841 : Vivek Raj Singh Vs. Civil Judge, Junior Division, Tilhar Shahjahanpur and another.

In view of the law laid down ( supra), it is clear that that the instant application is not maintainable before this Court at Lucknow.

Accordingly, this application is dismissed leaving it open to the petitioner to approach the jurisdictional court at Prayagraj for seeking remedy. In case if any such application is filed before the court at Prayagraj, then the same shall

be decided on its own merit.

After the aforesaid order was passed, learned counsel for the petitioner submits that the petitioner wants to withdraw this petition with liberty to approach the court at Prayagraj.

Accordingly, the petition is dismissed as withdrawn with the liberty as prayed for.

(Jaspreet Singh,J)

Order Date :- 7.5.2025/Shukla

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench