Rajesh Kumar Pandey
Allahabad: The Allahabad High Court has observed that there is fear in the district judiciary in deciding cases, as it may lead to administrative complaints and subsequent transfers.
The court added that the district judges are facing peril of transfer over absurd bias allegations and it is difficult for them to freely exercise jurisdiction.
While dismissing a writ petition filed by one Maya Devi for recovery of possession of property and injunction, Justice JJ Munir observed, “The district judiciary also face transfer application on hideous and absurd allegations of bias, without the slightest fear in the minds of those who make them.
It is difficult for a Judge in the civil court to exercise his jurisdiction freely, if he constantly works not just aware of the professional routine of having his orders overturned by a superior court, but the personal peril of harm to his career, if he were to pass orders of effective consequence which his conscience says he must”.
The court lamented that the petitioner instead of filing petition before the civil court, which is the appropriate forum resorted to moving application before the police and other authorities, which has no role in the civil dispute like this. “Though citizens’ attitudes toward civil courts cannot be accepted, civil courts have become lethargic due to various reasons, including strikes that take away time from judiciary. The court also observed that the prescribed court times are not being adhered to in district courts.
The court held that all these factors combined have made the civil court “a place of somewhat non-promising resort” for someone who seeks and requires quick relief.
In the present case, the petitioner purchased an area of plot through a registered sale deed in Kanpur Nagar from one Vir Bahadur Singh. Her name was recorded in the revenue records. However, the petitioner alleges that when she took possession of the land the same Vir Bahadur and his associates stopped her from doing so. Since no action was taken by the sub-divisional magistrate on her complaint, she lodged an FIR under SC/ST Act.
The petitioner’s husband, who is a head constable with the provincial armed constabulary, Lucknow, wrote to commandant, PAC, Manahangar, Lucknow who then wrote to commissioner of Kanpur Nagar. Since no action was taken by the authorities, petitioner approached the high court seeking a writ of mandamus for delivery of possession.
Dismissing the writ petition, the court in its decision dated April 8 observed that the petitioner had approached every authority, which had no jurisdiction in the case other than civil court which ordinarily has jurisdiction over such cases.
