This writ petition challenged an order rejecting an application to transfer pending appeal proceedings from the Settlement Officer of Consolidation, Basti to another court due to apprehended bias. The High Court found no merit in the vague allegations and dismissed the petition.
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Court No. - 33
Case :- WRIT - B No. - 60447 of 2017
Petitioner :- Samsuddin Respondent :- Jt. Director Of Consolidation & 2 Others Counsel for Petitioner :- Bashisth Narain Pandey Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondents 1 and 2; and perused the record.
The present petition has been filed against an order dated 05.12.2017 by which the Joint Director of Consolidation, Lucknow has rejected the application of the petitioner to transfer the proceeding of pending appeal from Settlement Officer of Consolidation, Basti to another court.
A perusal of the transfer application, which is at page 24 of the paper book, would reveal that an apprehension was expressed against the Officer primarily on the ground that the Officer was ready to hear the stay application, against the order passed by the subordinate court, without calling for the record. Various other vague allegations have been made which have no substance and are not supported by any material.
Under the circumstances, this Court finds no good reason to interfere with the order passed by the Joint Director of Consolidation, Lucknow. The petition is dismissed .
Order Date :- 18.12.2017 AKShukla/-
2 issues framed by the court
Whether the petitioner is entitled to transfer of appeal proceedings from Settlement Officer of Consolidation, Basti to another court due to apprehension against the Officer.
Whether the vague and unsubstantiated allegations form sufficient grounds to interfere with the order rejecting the transfer application.
Samsuddin
Jt. Director Of Consolidation & 2 Others
Manoj Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
