IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.6382 of 2007 Date of Decision:- 14.1.2008 Sita Rani and another ....Petitioner(s) through Mr.Chetan Mittal, Advocate vs. Smt.Shanti Devi ....Respondent(s) through Mr.Hari Om Attri, Advocate. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This revision petition is primarily directed against the order dated 6.11.2007 passed by the learned District Judge, Hissar whereby a reference received by him from the Rent Controller at Hansi for transfer of an eviction petition, has been declined with a future advice that such like references be not sent. The petitioner is a tenant against whom an eviction petition filed by the respondents is pending before Sh.Amandeep Dewan, Rent Controller at Hansi. It appears that the said Rent Controller has already decided some cases arising out of the same premises and/or adjoining premises. Thinking that he has already expressed his opinion in those connected cases and, thus, no prejudice is caused to either of the parties, the Rent Controller made a reference to the learned District Judge to transfer the case from his Court. The said reference, however, has been declined by the C.R. No.6382 of 2007 -2- learned District Judge accordingly. After hearing learned counsel for the parties and without going into the justifiability of the grounds upon which the Rent Controller made the reference and sought transfer of the pending case from his Court, I am of the considered view that the Rent Controller having recused himself, the learned District Judge ought to have entrusted the matter to some other Rent Controller of competent jurisdiction, more so when the doctrine of necessity is not attracted in the facts and circumstances of the case. Consequently, the revision petition is allowed . The impugned order dated 6.11.2007 is set aside and the learned District Judge is directed to entrust the pending petition to some other Rent Controller, may he be posted at Hisar or Hansi. January 14, 2008 ( SURYA KANT ) poonam JUDGE