Transfer of case from one high to another
Vasu Moottu Kuzhiyil
(Querist) 23 August 2014
This query is : Resolved
We, 4 retired Railway/IRCTC employees have filed two WPs ( Nos 8182/10 and 8328/10) in AP High Court. Out of 4 of us, I am permanently settled in Kerala and 3 others in AP. The WPs are pending for last 4 years without a single hearing.
The cases (interlocutory) were last listed on 6-02-14. It is not being listed subsequently. According to our advocate, the present Judge who supposed to hear our cases, refuses to hear old cases and allowing only new cases for admission.
We have already changed our lawyer once due to his inability to expedite our cases. The second layer promised to get the verdict in 6 months when he was entrusted the case 2 yrs back. Meanwhile ,he became one of the new judges appointed in the AP
high court recently i.e in 2013. After second one became judge, these cases are entrusted to his junior who deals our case now. Inspite of filing Misc petitions asking for urgent disposal of cases due to our position as retired Sr Citizen as well as ailing ( even bedridden)from different age related diseases, our WPs never reaching to the Judge for hearings. As the assigned Judge is not inclined to hear our cases as he allow only new admission cases, whether we can ask the Registrar to transfer our cases to Cuttack High Court as the Regional Office of IRCTC and Zonal Offices of Railways are situated in Orissa.. The Zonal Head Qtrs of IRCTC is in Kolkata, as such, whether we can ask for transfer of our cases to Kolkata, because, our cases are unlikely to be disposed off by the present court while we are alive .
We are unable to approach 4 th layer in AP ,because there is no guarantee that 4 th advocate would not follow suite.
Even though both cases are interlocutory, I am the only petitioner in WP 818210 . Is there any possibility to get this case transferred to Kerala high Court, as I Am now permanently settled in Kerala ?
Whether I can approach supreme Court for transfer of our/my case to Cuttack/Ernakulam(Kerala) or Kolkatta ?
malipeddi jaggarao
(Expert) 24 August 2014
I fully agree with the contents of your query as I am the witness for such situation. Howver, instead of attempting to get the case transferred to some other High Court the following steps may yield some result:
1. You have not posted even brief contents of the case. However, if the case is simple and do not require a senior advocate, better engage a junior advocate. Every day he can make a mention before the present judge about the urgency for taking up the case. If your advocate repeatedly request, on one day or other the judge will give a date. Even after listing also, the advocate should mention for 2.15 postings/pass overs on every occasion. This has given good result as I have seen.
2. All the four of you can write a joint letter to the Chief Justice of High Court at Hyderabad narrating the reasons for urgency asking him to refer your case to another bench with a time frame for hearing.
prabhakar singh
(Expert) 24 August 2014
No! That can not afford ground of transfer.
follow opinion advanced by Mr. malipeddi jaggarao
Rajendra K Goyal
(Expert) 24 August 2014
Not a good ground of transfer. agree with the experts.
ajay sethi
(Expert) 24 August 2014
agree with experts
T. Kalaiselvan, Advocate
(Expert) 29 August 2014
I too agree and endorse the opinions of expert Mr. Mallipedi Jagga Rao in this regard.
Vasu Moottu Kuzhiyil
(Querist) 31 August 2014
What is the use of approaching Courts if Judges refuse to hear the cases
Devajyoti Barman
(Expert) 31 August 2014
Judge would hear case. Make your plea heard by the lawyer.
malipeddi jaggarao
(Expert) 31 August 2014
There are many people knowing the doors like you. You are one amongst many. Be after your advocate to mention urgency.
Vasu Moottu Kuzhiyil
(Querist) 31 August 2014
The Advocate through whom I filed my Petition 5 yrs back was misguiding me citing different reasons for not listing the case. He once told me that the judge in whose bench the said case pending, was refusing to hear case because he was about to retire at that time, but the said judge is still working. As he was simply fleecing me without doing his job, another lawyer was entrusted after getting NOC from first lawyer. The second Advocate ( He became one of the High Court judges appointed in APHC in 2013 ) promised me that he would get me disposal of the case within 6 months, but he could not keep his promise made to me even after a lapse of 18 months. The third advocate was engaged when the 2nd advocate became judge. The 3 rd person who appearing now in favour of me was the junior advocate to the 2nd one who became judge. The present advocate could not succeed even in getting the case listed during last 6 months. The name of the judge in whose bench my case shown as pending has already been transferred to Kerala High Court, but his name is still showing against my Case in the Website of AP High Court.
Sir, how many times can I change Advocate? What is the guarantee that my next advocate would not follow suite. I am fed up and highly disappointed in this regard.
Devajyoti Barman
(Expert) 31 August 2014
You can change lawyer as many times as you like and yes there is no guarantee of job success or satisfaction.
Raj Kumar Makkad
(Expert) 31 August 2014
Better you persue your case personally with permission of the High Court.
