No petition can be transferred from one court to another on the sole ground of delay in disposal, the Supreme Court observed while dismissing a transfer petition.
In this case, the petitioner sought the transfer of a writ appeal filed in 2016 before the Telangana High Court to the High Court of Delhi. He contended that, 'he has lost everything' and despite his best efforts, he is unable to have the case taken up by the High Court of Hyderabad for final disposal. The writ appeal pertains to land acquisition proceedings, initiated by the erstwhile state of Andhra Pradesh(now the State of Telangana).
Justice V. Ramasubramanian termed the prayer as 'very strange'. Dismissing the plea, the judge observed:
"Every court has its own limitations. Therefore, no petition can be transferred from one court to another on the sole ground of delay in disposal."
Section 25 of the Code of Civil Procedure empowers the Supreme Court if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.
Case name: MOTILAL (DIED) AS PER LRS vs. THE DISTRICT COLLECTORCase no.: Transfer Petition(s)(Civil) No(s). 280/2020Coram: Justice V. RamasubramanianCounsel: AOR Varinder Kumar Sharma