Supreme Court of India
Supreme Court of India
Litigation News

Can petitions be transferred from court to another due to delay in disposal? Supreme Court says no

The petitioner seeking this transfer argued that the matter has not been taken up for hearing by the High Court of Telangana despite the best efforts of the counsel.

Shruti Mahajan

The Supreme Court recently refused to allow the transfer of proceedings from one High Court to another, stating that delay cannot be a ground for allowing the same.

A Single Judge Bench of Justice V Ramasubramanian was hearing a transfer petition seeking the transfer of an appeal from the High Court of Telangana to the Delhi High Court.

Terming this as a "strange prayer", the Court noted that the ground for seeking this transfer was that the matter has not been taken up for hearing by the High Court of Telangana despite the best efforts of the counsel.

The matter pertained to land acquisition proceedings that took place in the erstwhile State of Andhra Pradesh and now lie in Telangana after the state's bifurcation. The writ petitioner alleged that he lost everything, but the case is yet to be heard by the High Court for final disposal.

Nevertheless, the Supreme Court held that "Every court has its own limitations," and that the sole ground of delay in disposal cannot be accepted for transferring the matter.

The transfer petition thus stood dismissed.

Read Order:

Motilal vs District Collector.pdf
Preview
Bar and Bench - Indian Legal news
www.barandbench.com