IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 633 OF 2008 (SS) Prahland Singh ……………….Petitioner. Versus State Cane Service Authority and others. …………..Respondents. Mr. Lok Pal Singh, Advocate for petitioner. Mr. N.P. Sah, Standing Counsel for State of Uttarakhand. 4th November, 2009 Hon’ble Sudhanshu Dhulia, J. Heard Mr. Lok Pal Singh, Advocate for petitioner and Mr. N.P. Sah, Standing Counsel for State of Uttarakhand. The petitioner is an Accountant in U.P. State Cane Service Authority. While he was posted at Mathura in the year, 2002, the cause of action for filing the writ petition arose and he filed a writ petition before the High Court of Judicature at Allahabad primarily with the prayer to issue a writ, order or direction in the nature of certiorari quashing the order dated 26th February, 2002 passed by the Secretary, State Cane Service Authority, U.P. Lucknow. The matter has, however, now been transferred from the High Court of Judicature at Allahabad to this Court. Under Section 35 (2) and (3) of the U.P. Reorganisation Act only such proceedings which are pending in the High Court of Judicature at Allahabad immediately before the appointed day (i.e. November 9, 2000) can be transferred to this Court on a certificate issued by the Chief Justice of High Court of Judicature at 2 Allahabad. This Court is not going to the fact as to whether such a certificate has been given in the present case or not but since admittedly this case was not pending before the High Court of Judicature at Allahabad prior to the appointed day and was only filed before the High Court of Judicature at Allahabad after the appointed day i.e. in the year, 2002, it could not have been transferred under Section 35 of the U.P. Reorganisation Act, to this Court. The Registry is, therefore, directed to return the file to the Registrar General of the High Court of Judicature at Allahabad. (Sudhanshu Dhulia, J.) 04.11.2009 Rathour