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IN THE HIGH COURT OF ALLAHABAD
N. D. OJHA, D. N. JHA, AMITABH BANERJEE
S.K.MISRA - Appellant
Versus
STATE - Respondents
C. M. A. . Of 1986
Decided On : 09/04/1986
HIGH COURT - JURISDICTION - TRANSFER OF CASE - WRIT PETITION - JURISDICTION OF BENCH - INTERPRETATION OF AMALGAMATION ORDER - POWER OF CHIEF JUSTICE TO TRANSFER CASE - EQUITABLE GROUNDS - VALIDITY OF TRANSFER ORDER.
Fact of the Case:
A writ petition was filed in the Lucknow Bench of the Allahabad High Court, which was returned to the petitioner for being presented to the proper Court. The petitioner withdrew a Special Leave Petition filed in the Supreme Court and obtained an order directing the petitioner to re-present the writ petition before the Lucknow Bench. The Lucknow Bench admitted the writ petition and transferred it to Allahabad for further disposal. The petitioner challenged the transfer order, arguing that the Lucknow Bench had jurisdiction to entertain the writ petition and that the Chief Justice lacked the authority to transfer the case.
Finding of the Court:
The Court held that the Lucknow Bench did not have jurisdiction to entertain the writ petition as no part of the cause of action arose within any of the districts of Oudh. The Court interpreted Clause 14 of the United Province High Courts (Amalgamation) Order, 1948, and held that the Judges sitting at Lucknow could exercise jurisdiction and power only in respect of cases arising in such areas in Oudh as the Chief Justice may direct. The Court further held that the Chief Justice had the authority to transfer the case to Allahabad under Rule 1 of Chapter V of the Allahabad High Court Rules, 1952, which empowers the Chief Justice to constitute Benches and allot work to them.
Issues: 1. Whether the Lucknow Bench had jurisdiction to entertain the writ petition? 2. Whether the Chief Justice had the authority to transfer the case to Allahabad?
Ratio Decidendi: 1. The Court held that the Lucknow Bench did not have jurisdiction to entertain the writ petition as no part of the cause of action arose within any of the districts of Oudh. The Court interpreted Clause 14 of the United Province High Courts (Amalgamation) Order, 1948, and held that the Judges sitting at Lucknow could exercise jurisdiction and power only in respect of cases arising in such areas in Oudh as the Chief Justice may direct. 2. The Court held that the Chief Justice had the authority to transfer the case to Allahabad under Rule 1 of Chapter V of the Allahabad High Court Rules, 1952, which empowers the Chief Justice to constitute Benches and allot work to them.
Final Decision: The Court dismissed the petitioner's application challenging the transfer order and held that the writ petition shall now be heard and decided at Allahabad.
( 1 ) THE petitioner who was posted as District and Sessions Judge. Pilibhit, and was reverted as Additional District and Sessions Judge, filed a writ petition in the Lucknow Bench of this Court challenging the aforesaid order. A Division Bench of the Court apparently on the view that as no part of the cause of action had arisen within any of the districts of the erstwhile Oudh, the writ petition could not be presented or entertained in the Lucknow Bench of the Court, vide its order dt. 11th April, 1986, ordered the writ petition to be returned to the petitioner for being presented to the proper Court. The term "proper Court" in the context that there is only one High Court in the State of Uttar Pradesh having a Bench at Lucknow obviously meant that the writ petition had been returned to the petitioner for being presented at Allahabad. Aggrieved by that order the petitioner filed a Special Leave Petition before the Supreme Court. However, the said Special Leave Petition was withdrawn on 2nd May, 1986, and the following order was passed therein :- "special leave petition is allowed to be withdrawn. Since the Allahabad High Court is not functioning at present we direct that the petitioner may re-present the writ petition before the Lucknow Bench within 15 days from today. The Lucknow Bench will entertain the matter afresh. " at this place it will be relevant to mention that at the time when the writ petition was initially presented by the petitioner before the Lucknow Bench of the Court and the order dt. 11th April, 1986, directing it to be returned for presentation before the proper Court was passed as also on 2nd May, 1986, the functioning of the Court at Allahabad was paralysed on account of the strike of the advocates in protest of the proposed constitution of a Bench of the Court in some western district of the State. Indeed the strike continued for sometime even thereafter.
( 2 ) IN pursuance of the order of the Supreme Court dt. 2nd May, 1986, referred to above the petitioner re-presented the writ petition before the Lucknow Bench of the Court on 7th May, 1986. The writ petition was admitted on that date. Consequent upon t he strike of the advocates at Allahabad being called off an order was passed by Honble Shri H. N. Seth, the then Chief Justice of the Court. On 30th July, 1986, while sitting at Lucknow that all Cases pertaining to Allahabad jurisdiction but permitted to be filled before the Lucknow Bench during the strike period shall he immediately transferred to Allahabad for further disposal. in pursuance of the aforesaid order the record of the instant writ petition was sent from Lucknow to Allahabad under the cover of a letter dt. 31st July, 1986. Since an order had earlier been passed directing the case to be listed for orders in the week commencing from 4th Aug. , 1986. It was directed to be listed for orders at Allahabad on 8th Aug. , 1986. Information in this behalf was given to the counsel for the petitioner at Lucknow through Courts notice dt. 2nd Aug. , 1986. The writ petition filed at Lucknow was numbered as Writ Petition No. 2239 of 1986 (Lucknow) and has been numbered as Writ Petition No. 11080 of 1986 at Allahabad.
( 3 ) ON the receipts of the Courts notice dt. 2nd Aug. , 1986, an application was presented by the petitioner through his counsel on 4th Aug. , 1986, before the Honble Senior Judge at Lucknow who also happened to be the petition Court for fresh single Judge matters on that date with a prayer that the administrative order dt. 30th July, 1986, passed by Honble the Chief Justice be set aside inasmuch as he did not have any jurisdiction to pass the said order. Honble the Senior Judge at Lucknow passed the following order on that application on 4th Aug. , 1986 :-"lay before the Honble the Chief Justice if and when His Lordship comes here. Record of the case will not be sent to Allahabad. "
( 4 ) AS seen above the record of the case had already been sent to Allahabad before the
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