Writ petition challenging an order declining transfer and a revision rejection. Dismissed as no good reason for transfer or interference.
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Court No. - 6
Case :- WRIT - B No. - 333 of 2021
Petitioner :- Lakhan And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashi Kant Rai Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
By the impugned order dated 27.12.2019 passed by the Settlement Officer of Consolidation, the transfer applications submitted by the petitioners have been declined. The Deputy Director of Consolidation in the impugned order dated 24.12.2020 has rejected the revision against the aforesaid order.
The impugned order rejecting the transfer application dated 27.12.2019 records that the petitioners have made allegations that they have lost faith in the fairness of the Tribunal and the opposite party was heard telling a person in the village that the verdict will be in his favour. The consolidation officer failed to consider the citation submitted on behalf of the petitioners. The Settlement Officer Consolidation in the impugned order thereafter observes that the matter is very old and the old matters are prioritized over others for hearing and disposal. The trial court has already heard both the parties and the matter is posted for orders.
The revisional court has agreed with the finding of the trial court. It also records that the revisionist (petitioners before this Court) was not present at the time of hearing of the revision. The revision was consequently dismissed.
A perusal of the transfer application shows that the sole basis for transfer of the case are vague allegations have been made against the trial court without any credible material.
In such view of the matter, no good reason is made out for transferring the case. As held by the court below that the matter is old and is being heard on priority, there is no cause for interference in the impugned orders.
The writ petition is dismissed.
Order Date :- 17.2.2021 Dhananjai
Lakhan And 3 Others
State Of U.P. And 4 Others
Ajay Bhanot J.
As recorded by the court registry
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