R A. Sharma, J. - (1.) PETITIONERS, who claim to be the occupants of the certain shops from which they are sought to be evicted by the State, have filed this writ petition praying for a writ of mandamus directing the respondents not to interfere with their legal possession of the shops. It has been stated in paras 8 and 9 of the writ petition that for the same relief they have filed a civil suit No. 254 of 1992 in the court of the Civil Judge, Agra, and an application for interim injunction was also moved therein in which 23rd March, 1992 was fixed for filing objection and 24th March, 1992 was fixed for hearing and deciding the application for interim injunction. On 24-3-1992 the case was adjourned to 27-3-1992. From 25-3-1992 the courts at Agra are closed on account of advocates' strike with the result the application for interim injunction cannot be decided by the Civil Court. Hence this writ petition.
(2.) WE have beard the learned counsel for the petitioners and the learned standing counsel who represents the respondents. From perusal of the plaint copy of which has been filed as annexure-1 to this writ petition, it as apparent that the case involves serious questions of facts which can be decided only on the basis of oral and documentary evidence, which may be produced by the parties. Such a controversy can only be resolved by civil court and not by the writ petition under Article 226 of the Constitution of India. Under the circumstances it is neither desirable nor feasible . to entertain this writ petition. But the petitioners have been forced to file this writ petition, because of the fact that it is not possible, due to the closure of the civil courts on account of the strike of the advocates, to get the dispute decided by the civil court. Under these circumstances asking the petitioners to get appropriate relief from the same civil court is asking for impossible. When the courts have been closed and judicial officers are not permitted to perform their duties, tie persons who suffers most are the litigants, for whose sake these courts have been established. In this State functioning of the courts is paralysed frequently due to the strike resorted to from time to time with the result that forced closure to the courts is becoming order of the day, relegating the litigants to the position of helpless spectators. When what is complained of is denial of justice due to forced closure of the courts, it becomes duty of this court, as far as possible to provide some avenue to those who sack help of the courts for resolving their disputes. It is not in our power to prevent strikes. We cannot also .entertain this wit petition as dispute involved herein is of civil nature which can be decided by the civil court on the basis of oral and documentary evidence. Under these circumstances we have no alternative but to transfer the petitioner's suit to some other district. Although the petitioners have not prayed for but in view of the facts and circumstances of the case we consider it fit and proper, in exercise of our suo motto power under Article 227 of the Constitution of India, to transfer the; petitioners' suit to the neighbouring district of Mathura. Power of superintendence and judicial control conferred on this court by Article 227 of the Constitution is wide enough to include the power to transfer the case from one court to another. Such a power can be exercised by this court suo motto also. Although this court has power under Article 227 to transfer the case from one court to another, but such a power is to be exercised rarely and that too when there is no other alternative left, except to invoke the jurisdiction of this court under said provision, for preventing the mis-carriage of justice. There cannot be a better case than the present one where the petitioners have been 'denied entry into the court due to its forced closure. In case this court does not transfer the petitioners' suit to some other court, it will result in denial of justice to the petitioners.
(3.) IN view of the facts and circumstances of the case and for the reasons given above, we dispose of this writ petition with the following directions : (i) Petitioners' suit no. 254 of 1992, pending in the court of learned Civil Judge, Agra, is transferred to the court of learned Civil Judge, Mathura ; (ii) The petitioners will produce certified copy of this order before the learned District Judge, Agra, who will transmit the file of the above suit within three days from the date of presentation of the certified copy of this order, to the learned District Judge, Mathura, who will assign the same to the learned Civil Judge, Mathura. IN case, for any reason, learned Civil Judge, Mathura, is not available learned District Judge, Mathura, will entrust the case to any other competent court under his judgeship ; (iii) IN case the learned District Judge, Agra, finds it difficult to transmit the file of the aforesaid suit to Mathura due to closure of the courts, an information to that effect will be sent at She earliest to learned District Judge, Mathura IN such a contingency it will be open to the petitioners to re-constitute the record of the suit by filing before the learned District Judge, Mathura, true copies of the whole records of the aforesaid suit i.e. plaint, written statement, if any, application for interim injunction, objection, if any, along with an affidavit. The records no reconstituted will be transmitted by the learned District Judge Mathura, to the appropriate court under his Judgeship ; (iv) The appropriate court to which the record of the suit is transmitted, will proceed with the case and decide the application of interim injunction, of the petitioners, in accordance with law ; (v) For a period of three weeks status quo as on today, shall be maintained by the parties ; (vi) We give liberty to the petitioners to file the affidavit before the respondents communicating this order, in case there is delay in getting the certified copy of this order. Certified copy of this order may be given to the learned counsel for parties on payment of usual charges within :a week.;