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JASPREET SINGH
Bhanu Pratap Verma – Appellant
Versus
District Deputy Director Of Consolidation/District Magistrate, Bahraich – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard Shri Rajeiu Kumar Tripathi, learned counsel for the petitioner, Shri U. S. Sahai, learned counsel for the private respondent and the learned Standing Counsel for the State-respondents.
2. By means of the instant petition, the petitioner assails the order dated 16.07.2024 passed by the District Deputy Director of Consolidation, Bahraich whereby the application for transfer filed under Rule 65(1-A) of the U.P. Consolidation of Holdings Rules, 1954 has been dismissed.
3. Submission of the learned counsel for the petitioner is that respondent no.3 while considering the petition before him by his acts and manner has given an apprehension that the petitioner would not get justice from the said court and for the said reason the petitioner had moved an application for transfer which has been rejected on the ground that even earlier the petitioner had moved a transfer application which was rejected and the petitioner is attempting to delay the proceedings by making repeated applications.
4. It is urged that in the transfer application, a copy of which has been brought on record as annexure no.8, it was stated that a request for oral adjournment was made bef
Allegations of bias against a Presiding Officer must be substantiated with specific evidence; mere suspicion is insufficient to justify a transfer of case.
Allegations of bias require substantial evidence to justify the transfer of civil suits; mere apprehension of bias is insufficient, maintaining the integrity of judicial officers is paramount.
The main legal point established in the judgment is the need to balance the motive and underlying object of seeking transfer, the lack of substantial evidence supporting allegations of bias and preju....
Allegations of bias or collusion without substantial proof are insufficient for transferring a case; litigants must uphold respect for judicial processes.
Litigants should seek remedies through appellate procedures rather than maligning judges with baseless allegations.
A transfer of case under Section 24 requires substantial evidence of bias or a denial of justice; mere apprehension is inadequate.
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