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Saturday, September 19, 2020
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Delay cannot be ground for transfer of case to another court, rules SC

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New Delhi: The Supreme Court while hearing a transfer petition, denied the transfer of proceedings from one High Court to another. The petitioner wanted his case to be transferred to another high court, because his case was tied up for too long in one.

Justice V Ramasubramanian stated that delay cannot be a ground for allowing the same. The petition was filed to seek the transfer of an appeal from the High Court of Telangana to the Delhi High Court.

Supreme Court held this as a “strange prayer”, and noted that the ground for seeking this transfer was it 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.

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Further, 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.

Observing the above the Supreme Court has dismissed the petition

-India Legal Bureau

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