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(2025) Law Today Live Doc. Id. 20332 = 2025:PHHC:099003-DB
Reserved on: 01.08.2025 Decided on: 04.08.2025
Present:
Petitioner in person.
Mr. Rajeev Anand, Advocate, for the respondents
Constitution of India, Article 12, 226 -- Transfer of petition from one Bench to other Bench of same High Court or any other High court – Jurisdiction of – Held, the Court is not vested with any such power; the petitioner for this purpose is free to approach the appropriate Forum -- Jurisdiction under Article 226 of the Constitution of India can be exercised to assess the legality and validity of orders passed by the State or an instrumentality of the State under Article 12 by seeking one of the writs or for performance of any public function -- Remedy against an order passed by learned Single Judge in civil or criminal jurisdiction is either by filing an LPA by demonstrating that the Single Bench passed the order over-stepping the jurisdictional purviews, or by approaching the Higher Court i.e. the Apex Court.
(Para 3 to 3.3)
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SHEEL NAGU, CHIEF JUSTICE –
1. The petitioner is a practicing lawyer in the Punjab & Haryana High Court, has filed this petition, praying for the following reliefs:-
(i) The writ of mandamus asking the respondents to do its pious and gracious duty, to transfer the matter of the petitioner bearing case no. CRM-M 28149 of 2024, CRWP 559 of 2025 and CRM-M 38522 of 2025 from the present court which is Court No. 64, to some other court of this Hon’ble Court or any other Hon’ble High Court of any other State, for the sake of grace of our sacred institution, on the anvil of fundamental norms of natural justice, equity and good conscience.
(ii) Writ of prohibition directing the respondents not to list future matters of petitioner counsel in the Court No. 64, in the interest of justice.
2. The petitioner appeared in person. Heard, records perused.
3. The sole prayer of the petitioner is to transfer case bearing nos. CRM-M 28149 of 2024, CRWP 559 of 2025 and CRM-M 38522 of 2025 from Court Room No. 64 to some other Bench in this Court or any other High Court of any other State.
3.1 So far as the prayer of transferring the aforesaid three cases to any other High Court is concerned, the same cannot be granted since this Court is not vested with any such power; the petitioner for this purpose is free to approach the appropriate Forum.
3.2 So far as transfer of said three cases bearing no. CRM-M 28149 of 2024, CRWP 559 of 2025 and CRM-M 38522 of 2025 from one Court to another Court of this High Court is concerned, the said prayer was considered and declined in the recent past, on the administrative side.
3.3 Pertinently, the jurisdiction under Article 226 of the Constitution of India can be exercised to assess the legality and validity of orders passed by the State or an instrumentality of the State under Article 12 by seeking one of the writs or for performance of any public function. The remedy against an order passed by learned Single Judge in civil or criminal jurisdiction is either by filing an LPA by demonstrating that the Single Bench passed the order over-stepping the jurisdictional purviews, or by approaching the Higher Court i.e. the Apex Court.
4. Accordingly, this Court declines interference and leaves it to the petitioner to avail appropriate remedy available under the law.
5. In view of the above, the present petition stands dismissed.
Petition dismissed.
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