Neutral Citation No. - 2025:AHC:78823 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 4465 of 2025 Petitioner :- Pradeep Mehrotra Respondent :- Harish Chandra Vishwakarma And 2 Others Counsel for Petitioner :- Arvind Srivastava Counsel for Respondent :- Ashwini Kumar Hon'ble Neeraj Tiwari,J. 1. Heard Sri Arvind Srivastava, learned counsel for the petitioner and Sri Ashwini Kumar learned counsel for the respondents. 2. After some argument based upon the facts so raised in the transfer application dated 19.11.2024, upon which impugned order dated 02.12.2024 has been passed, when the Court inclined to dismiss the petition, Sri Arvind Srivastava, learned counsel for the petitioner submitted that as the new developments have taken place and in case the same is considered, it is a case of transfer of the case. He lastly submitted that he may be given liberty to file fresh transfer application along with those facts before the District Judge, Varanasi. 3. Sri Ashwini Kumar learned counsel for the respondents opposed the submission of learned counsel for the petitioner and submitted that transfer application dated 19.11.2024 is not maintainable in light of order of Lucknow Bench of this Court dated 10.11.2022 in Transfer Application(Civil) No 121 of 2021(Babu Singh and others Vs. Raj Bahadur Singh and others), and the remedy available to the petitioner is to file revision under Section 115 CPC. 4. Without expressing any opinion on the merit of the case, petition is dismissed with liberty to petitioner to file fresh transfer application before District Judge, Varanasi. 5. In case any such application is filed by the petitioner, District Judge, Varanasi shall consider the same and decide it in accordance with law. Order Date :- 14.5.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad