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Neutral Citation No. - 2025:AHC:20881 Court No. - 7 Case :- TRANSFER APPLICATION (CIVIL) No. - 50 of 2025 Applicant :- Mohammad Usman Opposite Party :- Dilip Singh And Another Counsel for Applicant :- Aishwarya Pratap Singh,Zain Abbas Counsel for Opposite Party :- Sumit Daga Hon'ble Prakash Padia,J.
1. The present transfer application has been filed by the applicant with the prayer to transfer the Case No.3542 of 2023 (Sh. Dilip Singh and another Vs. Mohammad Usman), under section 21(2) U.P. Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act, No. 16 of 2021), pending before the court of Rent Authority/Additional District Magistrate (Judicial), District Meerut from the court of Rent Authority/Additional District Magistrate (Judicial), District Meerut to any other official/presiding officer. 2. Earlier transfer application filed by the petitioner being Transfer Application No.596 of 2024, under Section 21 (2) U.P. Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act, No. 16 of 2021) was rejected by the District Judge, Meerut on 17.10.2024. Immediately thereafter an application under Section 24 of the C.P.C. was filed but the aforesaid order is not under challenge. 3. It is stated in paragraph-8 of the affidavit filed in support of the application that the matter at present is pending consideration before the Additional District Magistrate (Finance), who was not authorized to work as Presiding Officer as per Section 30 of U.P. Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act, No. 16 of 2021). 4. On the other hand Sri Sumit Daga, learned counsel for the opposite parties placed before this Court an order dated 24.12.2024 passed by the District Judge, Meerut in Case No.12970 of 2024 filed by the applicant under Section 24 of the C.P.C. It is argued that the case filed by the applicant under section 24 of the C.P.C. was rejected by the District Magistrate on 24.12.2024 but this fact has been concealed by the applicant while filing present application. It is further argued that against the order dated 24.12.2024 passed by the District Magistrate, Meerut, the remedy lies with the applicant to file a revision as per Section 115 of the
C.P.C. and as per paragraph 43 of the judgement dated 10.11.2022 passed in the case of Babu Singh and others Vs. Raj Bahadur Singh and others reported in 2022(12) ADJ 178 (DB) (LB). 5.
In so far as first objection is concerned, it is argued by counsel for the applicant that the order dated 24.12.2024 was passed after filing of the present application and the applicant has no intention to conceal any fact before this Court. 6. In so far as second argument raised by Sri Sumit Daga, learned counsel for the opposite parties is concerned, a prayer has been made by counsel for the applicant to dismiss present transfer application with liberty to challenge the aforesaid order namely
order dated 24.12.2024 by filing a revision under Section 115 C.P.C. or petition under Article 227 of the Constitution of India.
7. In this view of the matter, present application is dismissed with liberty to challenge the order dated 24.12.2024 by filing a revision under Section 115 C.P.C. or petition under Article 227 of the Constitution of India, if so advised.
8. It is made clear that in case petitioner will file a revision or any petition under Article 227 of the Constitution of India before any competent Court, he will serve copy of the revision/petition upon Sri Sumit Daga, learned counsel appearing on behalf of opposite parties.
Order Date :- 13.2.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad