Supreme Court has disposed of a plea seeking permission for the transfer of a plea from one High Court to the High Court of another state while stating that a petition cannot be transferred on the only ground of delay in the disposal.
The order came from a single-judge bench of Justice V Ramasubramanian who was hearing a transfer plea seeking transfer of an appeal filed in 2016 in Telangana High Court to Delhi High Court on the ground of delay in hearing the matter.
Terming the plea as a strange prayer, the court observed, “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 petitioner has contended through the petition, “he had lost everything and despite his best efforts, he is unable to have the case taken up by the High Court of Hyderabad for final disposal.
The matter was related to land acquisition proceedings that took place in the erstwhile state of Andhra Pradesh and now lie in the Telangana after the bifurcation.
SC disposed of the plea and noted, “Every court has its own limitations. Therefore, no petition can be transferred from one court to another on the sole ground of delay in disposal.”
The court also noted that Section 25 of the Code of Civil Procedure empowers the Supreme Court if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal, or other proceeding be transferred from a High Court or other civil court in one state to the High Court or civil court in another civil court in any other state.
