The High Court dismissed a writ petition seeking transfer of an appeal against the rejection of an application by the Additional Commissioner Consolidation over unsubstantiated allegations of an underhand deal by the Settlement Officer.
Writ petition dismissed.
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Court No. - 6
Case :- WRIT - B No. - 369 of 2021 Petitioner :- Lallu Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vishnu Kant Tiwari Counsel for Respondent :- C.S.C.,Sandeep Kumar
Hon'ble Ajay Bhanot,J.
The application seeking transfer of the case from the Court of Settlement Officer, Consolidation, Jalaun at Orai for transfer of appeal no. 27 has been rejected by the Additional Commissioner, Consolidation, U.P., Lucknow by the impugned order dated 19.1.2021.The impugned order was passed after affording opportunity of hearing to both parties.
The impugned order records that unsubstantiated allegations have been made in the application for transfer. The allegations against the Presiding Officer are not supported by any credible evidence.
Heard learned counsel for the parties and perused the impugned order as well as the transfer application.
The transfer application asserts that the opposite party on 12.10.2020 were negotiating an underhand deal with the Settlement Officer Consolidation in his chamber and upon seeing the petitioner came out of the chamber and told him that they had been assured of a favorable verdict. Surprisingly the petitioner made an application almost more than one month after the aforesaid incident. These bald allegations are not liable to be believed and do not furnish adequate ground for allowing the transfer application. The petitioner has not been able to establish the grounds for seeking transfer of appeal no. 27, by clear pleadings and credible evidence.
There is no perversity in the impugned order dated 19.1.2021. In case transfer applications impugning the integrity of
Presiding Officer are entertained without any thought to the nature of pleadings, as well as the substance of allegations and credibility of supporting evidence, the judicial process will be undermined.
There is no cause of exercising the discretionary jurisdiction vested under Article 226 of the Constitution of India in favour of the petitioner in vague of the preceding discussion. There is no infirmity in the impugned order.
The writ petition is dismissed.
Order Date :- 22.2.2021 Arif
1 issue framed by the court
Whether the rejection of the transfer application impugning the integrity of the Settlement Officer is maintainable under Article 226.
1 provisions across 1 enactments
Lallu Singh
State Of U.P.
Ajay Bhanot
As recorded by the court registry
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