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2025 DAILYLAW 136199 (ALL)

Nidhi Lata v. Shri Pramod Nigam

TACL/89/2024 · 2025-05-07

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26749 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 89 of 2024 Applicant :- Nidhi Lata Opposite Party :- Shri Pramod Nigam Counsel for Applicant :- Shailendra Misra Counsel for Opposite Party :- Avadhesh Mishra,Nasreen Bano,Shyam Kinkar Pandey Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. The record indicates that on 1.5.2025 the court had noticed that an issue of maintainability arises in the instant transfer application and it was put to learned counsel for the petitioner as to how the proceedings are maintainable before this Court at Lucknow specially in context of the fact that the proceedings of which transfer has been sought, are pending in District Siddartha Nagar. Learned counsel for the petitioner had sought time and it is upon his insistence that the matter was listed today. He could not dispute the fact that the instant application for transfer has been filed seeking transfer of the proceedings pending before the court in Siddartha Nagar which is not within the territorial jurisdiction of this Court at Lucknow. The aforesaid aspect has already been considered by this Court in 2022 SCC Online All 1841 : Vivek Raj Singh Vs. Civil Judge, Junior Division, Tilhar Shahjahanpur and another. In view of the law laid down ( supra), it is clear that that the instant application is not maintainable before this Court at Lucknow. Accordingly, this application is dismissed leaving it open to the petitioner to approach the jurisdictional court at Prayagraj for seeking remedy. In case if any such application is filed before the court at Prayagraj, then the same shall be decided on its own merit. After the aforesaid order was passed, learned counsel for the petitioner submits that the petitioner wants to withdraw this petition with liberty to approach the court at Prayagraj. Accordingly, the petition is dismissed as withdrawn with the liberty as prayed for. . (Jaspreet Singh,J) Order Date :- 7.5.2025/Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench