S.P.PANDEY, J. - (1.) THIS is a transfer application under 24 of the Civil Procedure Code, moved on behalf of the application, Ram Kishan Singh along with an affidavit, with the prayer that the First Appeal No. 108 of 1998-99/Bijnor, Ram Kishan Singh v. State of U.P. etc., pending before the Court of Sri Kunwar Vijai Kumar Singh, Additional Commissioner (Judicial), Moradabad Division, Moradabad be transferred from the said Court to the Court of either Commissioner or Additional Commissioner (Administration), Moradabad Division, Moradabad, in view of the apprehension in the mind of the applicant for not getting justice from the said Court. Parawise comments were called for from the Court, concerned, which are on the record. As per the aforesaid comments, the Court concerned, denying the allegations levelled against it, has expressed that it has no objection if the case is transferred to some other Court.
(2.) I have heard the learned counsel for the applicant and have also perused the papers, on file. For the applicant, it was contended that in view of the averments, made in the affidavit, disclosing the facts and circumstances as well as the allegations, levelled against the Court, concerned, the Court seems to be prejudiced from the learned counsel for the applicant, Sri Roshan Singh Chauhan and, therefore, the applicant has no faith in it, to get justice from the said Court and as such, the case, in question, should be transferred to some other Court of Commissioner/additional commissioner (Administration). In have closely and carefully examined the contentions raised before me by the learned counsel for the applicant and have also perused the papers, on file. Justice should not only be done but it should seem to have been done. Although I am not inclined to accept the contentions, raised by the learned counsel for the applicant, but in view of the apprehension in the mind of the applicant for not getting justice from the Court, concerned, to my mind, it is quite just and proper if the case is transferred to some other Court.
(3.) CONSEQUENTLY , this transfer application is accordingly allowed and the First Appeal No. 108 of 1998-99 /Bijnor, Ram Kishan Singh v. State of U.P. etc., is hereby, transferred to the Court of the Additional Commissioner (Administration), Moradabad Division, Moradabad for disposal, on merits according to law, after affording an opportunity to the parties, concerned, of being heard. Parties are directed to appear before the aforesaid Court on 26-12-2001. Application allowed.;