Praveen Kumar and Another vs S.C.Bose and Others

R.K. Agrawal, J.—This writ petition has been taken up on a mention being made by Sri Ajit Kumar, learned counsel for the petitioners on the ground that 1st October, 2002 is the date fixed before the Additional District Judge, Court No.11, Allahabad and therefore the matter is urgent and be taken up today itself.

Shri Ajit Kumar, learned counsel for the petitioners has made an endorsement that the copy of the Caveat was sought to be served upon Shri Munna Pandey, learned counsel who has filed the caveat but it has been refused and therefore without serving the copy, the writ petition was filed in the Registry.

However, when the matter was taken up Shri S.K. Tyagi, learned counsel holding brief of Sri Munna Pandey is present in Court.

Civil Suit No.403 of 1980 Jai Narain Singh and others v. Nagar Mahapalika, Allahabad and others was decided by 1st Civil Judge, Allahabad vide judgment and decree dated 25.8.1992. It appears that Nagar Nigam, Allahabad filed an appeal before this Court. The said Appeal was subsequently transferred to the District Court and was allocated to the 11th Addl. District Judge, Allahabad. Before the 11th Addl. District Judge, Allahabad a compromise was entered into between Nagar Nigam and the plaintiffs and the appeal was decided in terms of the compromise on 5.3.98.

Pursuant to the aforesaid compromise decree the plots were sold by the plaintiffs and one of the purchaser is Shri Subhash Chandra Bose son of Shri Krishna Murari Lal resident of Village Koria, Tehsil Phoolpur District Azamgarh by registered sale deed dated 15.2.99, a copy of which has been filed as Annexure 7 to the writ petition.

It appears that there was some alleged violation of an order passed by the court below upon which an application was made by the plaintiffs for taking action for contempt on which cognizance has bep taken by Shri S.C. Bose Additional District Judge, Court No.11 Allahabad. The submission is that he himself is purchaser of a plot in the land in question and therefore he should not have taken cognizance of the contempt proceedings. Apart from the provisions contained in Section 38 of the Bengal, Agra and Assam Civil Court Act, 1887 which prohibits an officer taking up cases in which he is a party or interested, the judicial proprietary also demands that the Presiding Officer who himself is an interested person should not have taken cognizance of any application or any proceedings if it is filed in his Court.

The cognizance taken by Shri S.C. Bose prima facie appears to be malafide and for some oblique purpose.

As an interim measure it is provided that further proceedings in Execution Misc. Case No.21 of 2002 pending before the Court of Additional District Judge, Court No.11 or transferred in any other Court shall remain stayed.

The Registrar General is directed to place a copy of this order before the Hon''ble Administrative Judge, Allahabad judgeship for his kind notice.

Let a certified copy of this order be issued to the learned counsel for the parties on payment of usual charges today itself.

(Ordered accordingly)