S.P.PANDEY - (1.) THIS is a transfer application moved behalf of Ram Gopal with the prayer to transfer the revision petition No. 134 of 1998-89 Rampur Ram Gopal and others v. Baljeet and others, pending before the Court of the Additional Commissioner (Judicial), Moradabad Division, Moradabad to the Court of Additional Commissioner (Administration ), Moradabad Division, Moradabad, on account of the apprehension in the mind of the applicant for not getting justice from the Court, concerned. Parawise comments were called for from the court concerned which are on the record. As per the aforesaid comments, the court concerned has no objection if the case is transferred to some other Court, denying the allegations levelled against it.
(2.) I have heard the learned counsel for the applicant and have also perused the papers on file. For the applicant, it was contened that in view of the facts narrated in the affidavit, the court, concerned seems to be prejudiced; that the applicant has no faith in the court, concerned to get justice from the said court and as such, the case should be transferred to some other Court. Denying the allegations levelled against it in the affidavit, the court, concerned has inter-alia describe the same and baseless, false a cock an bull story. It has, however, disclosed its view that it has no objection if the case is transferred to some other Court. I have closely and carefully examine the submissions, made before me by the learned counsel for the applicant and have also perused the relevant papers, on file. It is true that no evidence or proof has been filed in support of the allegations, levelled against the Court, concerned by the applicant in the affidavit. In its parawise comments, the court, concerned has vehemently denied the allegations levelled against it, describing the same as baseless, false and a cock and bull story. It has also been mentioned in the parawise comments of the court concerned that it has, however, no objection if the case is transferred to some other Court. Although, I am not inclined to accept the allegations levelled against the Court, concerned but, at the same time, the basic principle remains that justice should not only be dome but it should seem to have been done. To my mind, in order to promote the ends of substantial natural justice and to facilitate its course, it would be just and proper if the case in question is transferred to some other Court.
(3.) CONSEQUENTLY , this transfer application is allowed and the revision petition No. 134 of 1998-99 Rampur, Ram Gopal and others v. Baljeet and others, pending before the Court of Aditional Commissioner (Judicial), Moradabad Division, Moradabad, is hereby transferred to the Court of the Additional Commissioner (Administration), Moradabad Division, Moradabad for disposal on merits according to law. Parties are directed to appear before the said Court on 14-8-2001. Application allowed;