Kalyan Jotyi Sengupta, J. - (1.) Two litigants in Motor Accident Claim cases have taken out this application challenging the order of the learned District Judge, Alipore, 24 Parganas (South) asking the Additional District Judge, 4th Court, Alipore to send all the. motor accident claim cases pending before the latter Court; the order dated 18th June, 2001 passed by the respondent No. 2 and also the order dated 4th May, 2001 passed by the respondent No. 3. During pendency of this matter two other applications of the same nature were also filed being CAN 6264 of 2001 and CAN 6265 of 2001 respectively which are in substance combined application for addition of party and also the writ petition. For convenience sake I allowed the prayer for addition. However, the rest of the prayers of the aforesaid two applications were to be considered by me along with the main writ petition. So, I heard the learned Advocate Mr. Jyotirmay Bhattacharya on the aforesaid two applications.
(2.) The grievance of the aforesaid two petitioners is amongst other that by the impugned Memo and the order as aforesaid their cases along'with other cases should not be withdrawn and transferred from the Court of the learned Additional-District Judge, 4th Court, Alipore, Calcutta, as those cases are already heard out and even in some of the cases judgments are to be delivered very soon. Therefore, if those cases are withdrawn and re-registered in any other Court to which might be assigned by the learned District Judge then the priority of getting those matters heard would be lost. With great difficulty those matters were got to be heard on witness action and a large amount of money has been spent on account of costs, if these cases for any reason, are heard de novo, then the petitioners would be prejudiced seriously. In the process the speedy trial and justice will be denied. In this situation their fundamental right as guaranteed under Article 14 of the Constitution has been infringed. So those memos and orders which are impugned should be set aside and those cases are allowed to remain in the Court before whom the same were and are pending.
(3.) In spite of direction being given no affidavit-in-opposition has been filed by the learned District Judge, Alipore, 24 Pargans (South). However, an affidavit has been filed by the respondent No. 3, viz., the learned Registrar (Inspection-I) of this Hon'ble Court. In the affidavit it has been stated by the respondent No. 3 that because of the administrative exigency which was found upon inspection of the particular Court those cases were required to be withdrawn and/or transferred and/or assigned to some other Court competent to try. So by the letter dated 3/4th May, 2001 as per observation and/or wishes of the learned Judge-in-Charge of this Court, a request was made to the respondent No. 2 that all the motor accident claim cases filed in the learned Additional District Judge, 4th Court, Alipore should be withdrawn and transferred to any other Court of the district. Pursuant to the aforesaid Memo the learned District Judge has taken a decision for withdrawal and transfer and/or assignment of those cases.;