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SUKH DEO NARAIN versus STATE OF RAJASTHAN

Citation: [1985] 1 S.C.R. 199 · Decided: 20-07-1984 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Dismissed

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Judgment (excerpt)

-
SUKH DEO NARAIN 
v. 
STATE OF RAJASTHAN 
July 20, 1984 
[0. CHIN'1APPA REDDY AND RANGANATH MISRA, JJ.] 
Supreme Court Rules 
1966-0rder 
.-YXXVI-A-In~erted by G.S.R. 
1024 dated 
19-8·1978-Application~ for transfer under Clause (I) of Article 
139·1 of the Constitution-Requirements of i•alid petition. 
Practice-Drafting and filing petitio11 in casual and careless n1anner-
Whether proper discharge of duty by advocate to court and client. 
A petition for withdrawing a writ petition pending in the High Court 
to the Supreme Court UIJ.der Article l 39A (1) of the Constitution mention-
ed nothing else except that the writ p~tition pending in the High Court 
raised exactly the sarne questi:ins as those r,dscd in a special leave petition 
pending in the Supreme Court. 
What the questions were and what the 
fa~ts 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 dury either to the court or to the client. [200C] 
199 
A 
B 
c 
D 
E 
ORIGINAL JURISDICTION : Transfer Petition (Civil) No. 344 of 
F 
1983. 
Under article !39A 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 
G 
H 
A 
B 
c 
D 
200 
SUPRE"JE COURT REPORTS 
[J 985) 1 S.C. R. 
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 manne~. All that is stated in the petition is that th~ 
Writ Petition pending· in the Rajasthan High Court raises exactly 
the same questions as those raised in SLP (Civil) No. 7561/83 
pending in th;s Court and the writ petition may, therefore, be trans-
• 
ferrcd 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 indiffe-
rent 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. 
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