The Allahabad High Court has dismissed the petition of Kiran Singh and four others, filed on behalf of Bhagwan Aadi Vishweshwar Viraajman, the Swayambhu while giving them permission to file fresh petition along with the better documents.
A Single Bench of Justice Prakash Padia passed this order while hearing a petition filed by Bhagwan Aadi Vishweshwar Viraajman and 4 Others.
The petitioner namely Bhagwan Aadi Vishweshwar Viraajman, the Swayambhu at S.M Plot No 9130, Gali Vishweshwar, Ward & PSDashashwamedh, District-Varanasi through Next Friend & Devotee Smt Kiran Singh along with four others have preferred the petition under Article 227 of the Constitution of India challenging the order dated 17.04.2023 passed by the District Judge, Varanasi to extent it has allowed the Transfer Application (Lakshmi Devi Vs Bhagwan Aadi Vishweshwar Virajman and Others).
The Court noted that,
It appears from perusal of the record that in the Original Suit being Suit filed by the aforesaid petitioners, a transfer application under Section 24(1)(v) of C.P.C was filed by the defendants which was numbered as Transfer Case. Various other similar transfer applications were also filed to transfer the various other identical suits pending before the Trial Court at Varanasi. The aforesaid transfer application was also connected with six other transfer applications and all of them were allowed by the District Judge Varanasi vide its order dated 17.04.2023.
Aggrieved with the aforesaid order, the petition has been filed.
After some arguments, it is argued by the counsel for the petitioner that since there are certain typographical errors in the petition and certain papers and documents have also not been annexed which are relevant to decide the issue, a prayer has been made to dismiss the petition as withdrawn with liberty to file fresh petition.
The prayer has not been opposed by the Standing Counsel appearing on behalf of respondents.
Accordingly, the Court dismissed the petition as withdrawn with liberty to file a fresh petition with better documents and pleadings.