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Madhya Pradesh High Court · body

2000 DIGILAW 491 (MP)

Hindustan Petroleum Corporation Ltd. v. Balbir Kaur

2000-05-08

V.K.AGARWAL

body2000
This petition under Section 24 and 151 of C.P.C. has been filed praying for transfer of Rent Case No. 6-A/90 pending with the Rent Controlling Authority. Rajnandgaon. The respondents granted lease to the petitioner on 23.3.1973 of a piece of land. area 4.680 sq.ft. of Khasra No. 211. situate at G.E. Road, Rajnandgaon. for running a Petrol outlet. The petrol pump on the said land is being run by the dealer of petitioner M/s G.S. Bhatia & Co. The respondents through their attorney : Sardar Devendra Singh Garcha. is prosecuting the said case. It is alleged by the petitioner that Sardar Devendra Singh Garcha is a full time active Congress leader and is an influential person. He is running business in the name of 'Amar Tour and Travels' in the adjoining portion of the suit property. The petitioner intended to renovate the Kiosk and the Service station situated on the suit property. The respondent's attorney Sardar Devendra Singh Garcha objected to this and filed an application for temporary injunction against the petitioner. The respondents also intended to sell the suit property and wanted the petitioner to deliver back its possession. They also brought pressure through the Collector on the petitioner to do so. The attorney of respondents filed an application under Section 151 of C.P.C. on 21.12.1998 with the prayer to restrain the petitioner from carrying on the work of renovation and permission to instal additional machines for sale of petrol on the suit property. An ex-parte order was passed on 21.12.1998 allowing that application. The petitioner on learning about the said ex-parte order filed a complaint with the Police Station, Rajnandgaon. The petitioner filed an application on 28.8.1999 for modifying the earlier order dt. 21.12.1998 and for granting permission to the petitioner to renovate the service station and for permission to start the additional machine for sale of petrol. However, the said application was rejected by the Rent Controlling Authority on 8.9.1999. The petitioner therefore filed this petition for transfer on the grounds that the Rent Controlling Authority. who is also the Sub-Divisional Magistrate of Rajnandgaon is in league with the attorney Sardar Devendra Singh Garcha and is inclined to pass orders and please Sardar Devendra Singh Garcha. He has also on some occasions asked the petitioner to shift the petrol pump. He has averred that the attorney is also hostile against the petitioner. who is also the Sub-Divisional Magistrate of Rajnandgaon is in league with the attorney Sardar Devendra Singh Garcha and is inclined to pass orders and please Sardar Devendra Singh Garcha. He has also on some occasions asked the petitioner to shift the petrol pump. He has averred that the attorney is also hostile against the petitioner. It has further been averred in the application for transfer that he is under an apprehension that he would not get justice and unbiased and fair trial whether it is the present incumbent or his successor, who may be posted in his place as Rent Controlling Authority. It has also been averred in the application that in the ends of justice the case deserves to be transferred to some other Rent Controlling Authority. The application was opposed on behalf of the respondents. The powers of transfer of pending Civil proceedings as laid down in Section 24 of C.P.C. are wide. However the discretion to transfer the case has to be exercised judiciously. As observed in Ratanlal v. Suresh Kumar ( AIR 1987 M.P. 178 ) transfer can only be ordered when the party has reasonable apprehension that justice will be denied to him The mere fact that the party has suspicion in this regard would not constitute a valid ground for transfer. In the instant case, the allegations are that the attorney of respondents Sardar Devendra Singh Garcha is a Congress leader and is an influential person. The other ground referred to in 'the application is certain orders by the Rent Controlling Authority restraining the petitioner to make renovation and commissioning of machines have been passed. It has also been alleged that the Rent Controlling Authority and the District Administration is bringing pressure on the petitioner to vacate the suit premises. However, details and particular of such pressures have not been given. Mere vague assertion in the above regard cannot be accepted and acted upon. So far as orders passed by the Rent Controlling Authority in the case are concerned, the petitioner can vindicate his rights by approaching the higher forum Merely passing of some judicial orders in the judicial proceedings cannot form the basis for transfer of the case. Mere vague assertion in the above regard cannot be accepted and acted upon. So far as orders passed by the Rent Controlling Authority in the case are concerned, the petitioner can vindicate his rights by approaching the higher forum Merely passing of some judicial orders in the judicial proceedings cannot form the basis for transfer of the case. It may further be noticed that the petitioner has alleged in para 24 of the petition that he does not expect fair justice and unbiased trial not only from the present incumbent of the Court of Rent Controlling Authority, but also from his successor, who might in future be posted as Rent Controlling Authority. Rajnandgaon. Such an allegation appears to be fanciful and cannot be termed as reasonable apprehension. In view of above the petitioner's apprehensions do not appear to be proper and reasonable. It may also be noticed that tile petitioner has also filed an application LA. No. 1408/2000 with permission to file additional documents on record. The document filed with the said application appear to be the copies of several letters written by different persons addressed to the authorities of petitioner for shifting of petrol pump from the suit property. It has been stated in the application that the attorney of respondents have manipulated the said letters. However these letters have no bearing to the question of fair and impartial trial of the case, pending before the Rent Controlling Authority and they do not support the prayer of the petitioner for transfer of the case from Rent Controlling Authority, Rajnandgaon to some other Rent Controlling Authority. In view of above, this petition for transfer has no merit and is accordingly dismissed.