Case Note & Summary
The dispute arose from the allotment of 28 housing plots by the Lucknow Development Authority, which led to allegations of irregularities. Several individuals who were not allotted plots filed writ petitions challenging the allotment process, specifically Writ Petition Nos. 7040, 7577, 7327, 7519, and 7576 of 2007, which were pending before the High Court of Judicature at Allahabad, Bench at Lucknow. Concurrently, a public interest litigation was filed by Vishwanath Chaturvedi, seeking the cancellation of the allotments and the formation of an Enquiry Committee, which was registered as Writ Petition (C) No. 445/2005 and was also pending before the Supreme Court. To prevent conflicting decisions on the same set of facts, the Supreme Court decided to transfer all the aforementioned writ petitions to itself. The court emphasized the importance of judicial consistency and directed the Registrar General of the Allahabad High Court to communicate the order and send the records to the Supreme Court promptly. The transfer petitions were allowed, ensuring that all related matters would be adjudicated together in the Supreme Court.
Headnote
A) Civil Procedure - Transfer of Cases - Avoiding Conflicting Decisions - Supreme Court of India, 2009 - The court directed the transfer of pending writ petitions from the Allahabad High Court to itself to prevent conflicting judgments on similar issues. The decision was made in light of multiple writ petitions concerning the same facts and irregularities in housing plot allotments by the Lucknow Development Authority. Held that transferring the cases was necessary for judicial consistency (Paras 1-2).
Issue of Consideration
Whether the pending writ petitions should be transferred to the Supreme Court to avoid conflicting decisions.
Final Decision
The Supreme Court allowed the transfer of writ petitions from the Allahabad High Court to itself to avoid conflicting decisions on similar issues related to housing plot allotments.
Law Points
- Transfer of cases
- Public interest litigation
- Jurisdiction of courts
