20 July 1984
Supreme Court
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SUKH DEO NARAIN Vs STATE OF RAJASTHAN

Bench: REDDY,O. CHINNAPPA (J)
Case number: Transfer Petition (Civil) 344 of 1983


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PETITIONER: SUKH DEO NARAIN

       Vs.

RESPONDENT: STATE OF RAJASTHAN

DATE OF JUDGMENT20/07/1984

BENCH: REDDY, O. CHINNAPPA (J) BENCH: REDDY, O. CHINNAPPA (J) MISRA RANGNATH

CITATION:  1984 AIR 1571            1985 SCR  (1) 199  1984 SCC  (4) 235        1984 SCALE  (2)61

ACT:      Supreme  Court  Rules  1966-Order  XXXVI-A-Inserted  by G.S.R. 1024  dated 19-8-1978-Application  for transfer under Clause (1)  of Article 139A of the Constitution-Requirements of valid petition.      Practice-Drafting and  filing petition  in  casual  and careless manner-Whether proper discharge of duty by advocate to court and client.

HEADNOTE:      A petition  for withdrawing  a writ petition pending in the High  Court to  the Supreme Court under Article 139A (1) of the  Constitution mentioned  nothing else except that the writ petition  pending in  the High Court raised exactly the same questions  as those  raised in a special leave petition pending in  the Supreme  Court. What  the questions were and what the facts of the cases were was not disclosed.      Dismissing the petition, ^      HELD: It  is most discourteous and disrespectful to the highest court  in  the  country  to  file  such  indifferent petitions. The  advocate; is not discharging his duty either to the court or to the client. [200 C]

JUDGMENT:      ORIGINAL JURISDICTION:  Transfer Petition  (Civil)  No. 344 of 1983.      Under article  139A of  the Constitution  of India  for transfer of Writ Petition No. 475 of 1983 pending before the Rajasthan High Court.      D. Bhandari for the Petitioner (Not Present)      B. D. Sharma for the Respondent.      The Order of the court was delivered by 200      CHINNAPPA REDDY,  J. This petition is totally bereft of any statement  of facts.  It has been drafted and filed in a most casual  and careless  manner. All that is stated in the petition is  that the Writ Petition pending in the Rajasthan High Court raises exactly the same questions as those raised in SLP  (Civil) No.  7561/83 pending  in this  Court and the

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writ petition  may, therefore, be transferred to this Court. Nothing else  is mentioned. No facts relating to either case are mentioned.  Even the  alleged common  questions are  not stated. We  can only  say that  it is  most discourteous and disrespectful to  the highest  court in  the country to file such indifferent  petitions. The advocate is not discharging his duty either to the court or to the client.      Transfer petition is dismissed. H.S.K.                                   Petition dismissed. 201