Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5159 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS 1766/2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. S.K. Posti, Senior Advocate, for the petitioner.
Mr. Vikas Bahuguna, Advocate, for the respondent.
(2) Petitioner moved an application under Section 24 of Code of Civil Procedure for transfer of four civil suits, filed by respondent no. 1, from the Court of Civil Judge (Jr. Div.), Srinagar (Pauri Garhwal) to any other competent court within District Pauri Garhwal. Prayer for transfer made by petitioner was rejected by District Judge, Pauri Garhwal vide
order dated 12.6.2025. In this writ petition, petitioner has challenged the
order dated 12.6.2025, passed by District Judge, Pauri Garhwal in Transfer Application No. 29/2025.
(3) Perusal of the impugned order reveals that petitioner had expressed apprehension that she will not get fair trial from the Court of Civil Judge (Jr. Div.), Srinagar as the Presiding Officer is under the influence of the Counsel, who appears on behalf of respondent no. 1 in those civil suits. It was further alleged that before being appointed as a judicial officer, the Presiding Officer of the Court concerned was junior to the Counsel who appears on behalf of respondent no. 1, due to which the Presiding Officer is taking undue interest and is passing one
order after another.
(4) Learned District Judge, after
2025:UHC:5159 considering the comments of concerned judicial officer and objection raised by respondent no. 1, rejected the prayer for transfer of civil suits, holding that petitioner has not been able to substantiate her allegation as made in the transfer application and proceedings cannot be transferred on mere asking of litigants, as it affects the morale and independence of judicial officers.
(5) This Court concurs with the view expressed by learned District Judge. Apprehension expressed by a litigant against fairness of a judicial officer, without any material to substantiate such apprehension, cannot be a ground for transfer of proceedings from one court to another. Transfer of a case from one court to another cannot be ordered in a routine manner, as it indirectly casts doubt on the fairness and integrity of the Presiding Officer of the Court concerned from where the case is transferred. Thus transfer should not be ordered without valid and sufficient cause. Mere presumption or possible apprehension could not and should not be the basis for transfer of a case from one court to another court, as it adversely affects the high morale and independent spirit of a judicial officer.
(6) Thus there is no scope for interference with the impugned order. Writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
19.6.2025 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.06.19 19:12:01 +05'30'
2025:UHC:5159