Anjana Das vs Virendra Kumar Tiwari And Ors

Heard learned senior counsel for the petitioner and opposite parties.

Petitioner, who was Circle Officer, Sadar, Garhwa for the period 13th January, 2014 till 30th June, 2015, instituted a Title (Damage) Suit No. 11 of 2016 before the Court of Civil Judge (Senior Division) 1st, Garhwa against the opposite parties herein with a prayer to award damages of Rs. 20 Lacks for insult, humiliation, intimidation, tarnishing the image of the plaintiff in the public eye and award of 12% interest per annum from the date of institution of the suit till its realization on the basis of the averments and pleadings made therein. She now seeks transfer of the suit to any competent court at Ranchi or Ramgarh. She is now posted at Jamtara under the Jharkhand Government.

Learned senior counsel for the petitioner has submitted that opposite parties/defendants are local persons and musclemen with lot of influence and power and she has reasonable apprehension of not getting justice from the aforementioned court at Garhwa as she could not do proper Pairvi in the said case. It is not safe for her to attend the learned court, Garhwa. It is also pointed out that the opposite parties had filed a complaint case no. 109 of 2015. Petitioner had also filed a criminal case i.e., Garhwa P.S. Case No. 208 of 2015 on 20th May, 2015 against the opposite parties under Section 3/4 of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 and cognizance has been taken on 16th August, 2018 against the opposite parties for the offences under Sections 353, 509, 304, 506 IPC read with Section 3(1)(X) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. Cognizance has been taken on 17th February, 2018 in the complaint case against the opposite parties and others. As such, there are criminal cases lodged against each other by the rival parties and there is reasonable apprehension regarding safety of the petitioner. Certain other facts relating to another case instituted against the opposite parties in respect of incidence unconnected with the present suit has also been sought to be raised through reply to the counter affidavit filed by the petitioner. On these grounds, learned counsel for the petitioner has prayed for transfer of the suit to the competent court at Ranchi or Ramgarh.

Learned counsel for the opposite parties submits that simply because Anticipatory Bail Petition of these opposite parties were rejected by the Court at Garhwa in the criminal case lodged by the petitioner, she has lost faith in the competent civil court at Garhwa where the suit is pending. Such pleadings of the petitioner and the opposite parties do show that case and counter case have been lodged against each other for specific incidenses which are pending and no final inference can be drawn against either of the parties so far as proceedings in the instant damage suit pending at Garhwa. Apart from that, petitioner had sought to allege certain facts in his reply which are wholly unconnected with the case between the parties and has no semblance to the instant prayer of transfer of the suit to the competent court at Ranchi or Ramgarh. Petitioner is an officer of Jharkhand Administrative Service and cannot plausibly allege that she has apprehension of her safety in prosecuting the case at Garhwa. As such, no grounds whatsoever are made out for transfer of the suit.

I have considered the submission of learned senior counsel for the petitioner and opposite parties and taken note of the relevant facts pleaded on their behalf in support and opposition of the prayer for transfer of the Title (Damage) Suit No. 11 of 2016 from the court of Civil Judge (Senior Division) 1st, Garhwa to any other competent Civil Court, Ranchi and Ramgarh. Apart from the allegation in relation to criminal case and counter case between the parties which are at different stages of their prosecution, petitioner has simply averred that she has apprehension in getting justice from the aforementioned court at Garhwa as she could not do pairvi in the said case. Title(Damage) Suit No. 11 of 2016 has been instituted at a place where the cause of action apparently arose and where the opposite parties/defendants also reside. Parties may be litigating in criminal cases against each other at Garhwa. Petitioner is a gazetted officer belonging to Jharkhand Administrative Service and such a plea of apprehension of her safety in prosecuting the case at Garhwa does not appeal to the Court.

In the totality facts and circumstances noted hereinabove, this Court is not satisfied that any case for transfer of the suit from the court of Civil Judge (Senior Divisin) 1st, Garhwa to any other competent court of Civil Court, Ranchi or Ramgarh is made out by the petitioner. Accordingly, the instant petition is dismissed.