[2025:RJ-JD:42138]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 251/2023 Devkinandan S/o Leeladhar, Aged About 75 Years, Proprietor Of M/s Leeladhar Devki Nandan Firm, R/o Sri Ganganagar, Rajasthan.

----petitioner Versus State Of Rajasthan, Through District Collector, Bikaner.

----respondents Connected With S.B. Civil Transfer Appl. No. 240/2023 Devkinandan S/o Leeladhar, Aged About 75 Years, Proprietor Of M/s Leeladhar Devki Nandan Firm, R/o Sri Ganganagar, Rajasthan.

----petitioner Versus

1. State Of Rajasthan, Through District Collector, Churu.

2. Public Works Department, Through Its Executive Engineer, National Highway Section, Churu.

----respondents S.B. Civil Transfer Appl. No. 246/2023 Devkinandan S/o Leeladhar, Aged About 75 Years, Proprietor Of M/s Leeladhar Devki Nandan Firm, R/o Sri Ganganagar, Rajasthan.

----petitioner Versus

1. State Of Rajasthan, Through District Collector, Churu.

2. Public Works Department, Through Its Executive Engineer, National Highway Section, Churu.

----respondents S.B. Civil Transfer Appl. No. 249/2023 Devkinandan S/o Leeladhar, Aged About 75 Years, Proprietor Of M/s Leeladhar Devki Nandan Firm, R/o Sri Ganganagar, Rajasthan.

----petitioner Versus

1. State Of Rajasthan, Through District Collector, Bikaner.

Public Work Department, Through Its Chief Engineer And Additional Secretary, Jaipur.

2. Public Works Department, Through Its Chief Engineer, (Pmgsy) Jaipur, Rajasthan.

3. Public Works Department, Through Its Executive Engineer, Bikaner.

----respondents S.B. Civil Transfer Appl. No. 250/2023 Devkinandan S/o Leeladhar, Aged About 75 Years, Proprietor Of M/s Leeladhar Devki Nandan Firm, R/o Sri Ganganagar, Rajasthan.

----petitioner Versus

1. State Of Rajasthan, Through District Collector, Churu.

2. Public Works Department, Through Its Executive Engineer, Ratangarh.

----respondents S.B. Civil Transfer Appl. No. 253/2023 Devkinandan S/o Leeladhar, Aged About 75 Years, Proprietor Of M/s Leeladhar Devki Nandan Firm, R/o Sri Ganganagar, Rajasthan.

----petitioner Versus

1. State Of Rajasthan, Through District Collector, Bikaner.

2. Public Works Department, Through Its Executive Engineer, Churu.

----respondents For petitioner(s) : Mr. Himanshu Choudhary For respondents(s) : Ms. Meenal Singhvi for Mr. Rajesh Panwar, AAG HON'BLE MR. JUSTICE FARJAND ALI

Order

REPORTABLE 04/09/2025

1. These Civil Transfer Petitions have been instituted by the applicant–Devkinandan S/o Leeladhar, seeking transfer of Suit Nos. 63/2021 (CTA No.251/2023), 61/2021 (CTA No.240/2023), 05/2021 (CTA No.246/2023), 85/2023 (CTA No.249/2023), 62/2021 (CTA No.250/2023) and 65/2021 (CTA No.253/2023), all presently pending before the Commercial Court, Bikaner, to the Commercial Court, Jodhpur.

2. The factual matrix, in brief, is that the petitioner, a civil contractor registered with the Public Works Department of the State, has instituted the aforesaid suits against the State of Rajasthan through the PWD. Earlier, in Suit No.76/2021, which was adjudicated by the same Presiding Officer of the Commercial Court, Bikaner on 01.08.2023, certain observations made during the course of arguments were perceived by the petitioner as indicative of bias. On that premise, a complaint was filed before the Vigilance Wing of this Court. The petitioner, apprehending prejudice in the adjudication of his other pending suits, now seeks their transfer to the Commercial Court, Jodhpur.

3. Learned counsel for the petitioner has urged with vehemence that continuation of proceedings before the same Presiding Officer will undermine the petitioner’s confidence in receiving an impartial adjudication. It is contended that justice must not only be done but must manifestly appear to be done. Reliance has been placed upon three judicial pronouncements:

a) M.V. Ganesh Prasad v. M.L. Vasudevamurthy (AIR 2003 Kant 39), wherein it was held that apprehension of bias must be genuine, reasonable, and supported by cogent grounds, though the Court must remain sensi