The High Court dismissed a writ petition challenging the transfer of a consolidation officer to a distant location. The Court held that the order was administrative and the petitioners were not aggrieved parties. The petition was dismissed for lacking merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 72
Case :- WRIT - B No. - 2425 of 2021
Petitioner :- Allimuddin
Respondent :- District Magistrate/ District Deputy Director Of Consolidation And Another Counsel for Petitioner :- Ramesh Chandra Mishra Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents through vedio conferencing.
Present petition has been filed for quashing the impugned order dated 22.10.2021 by which certain work of consolidation has been transferred from one officer to another officer.
Learned counsel for the petitioner submitted that as the new Consolidation Officer is sitting 5 km. away and impugned order cause severe hardship to the villagers as villagers would have no option but to visit at there to submit their objections or for any other proceedings. For redressal of their grievances, they have also moved an application on 2.11.2021 before the Consolidation Commissioner, Govt of U.P., Lucknow, but till date same has not been decided. Lastly, he submitted that a suitable direction may be issued to respondents authority to decide his application at the earliest.
Learned Standing Counsel has raised preliminary objection and submitted that first of all State of U.P. through Principal Secretary is necessary party, which is not impleaded in the present petition and further he has made representation before the Consolidation Commissioner, Govt of U.P., Lucknow, who is also not party, therefore, this petition may be dismissed on the ground of non-joinder of the parties. Further, on merits, petitioner is only person who came before this Court claiming himself to be aggrieved and further the said order is nothing, but an administrative arrangement made by the respondent no.1, which is not causing any loss to the petitioner. Lastly, he submitted that petitioner and other villagers cannot said to be aggrieved parties, therefore, impugned order is sustainable and petition is liable to be dismissed.
Learned counsel for the petitioner could not dispute the aforesaid facts except this fact that new Consolidation Office is sitting 5 km away, therefore, order is bad and liable to be set aside.
I have considered the rival submissions advanced by the learned counsel for the parties and perused the impugned order as well as record. From perusal of impugned order, it is apparently clear that petitioner or other villagers cannot said to be aggrieved party and the said order is an administrative order to complete the consolidation proceedings at the earliest and in smooth way.
Therefore under such facts and circumstances of the case, writ petition lacks merit and is accordingly, dismissed. No order as to costs.
Order Date :- 20.1.2022 Junaid
2 issues framed by the court
Whether the petitioner and other villagers are aggrieved parties by the administrative transfer of the consolidation officer.
Whether the writ petition lacks merit given the order is an administrative arrangement intended to complete consolidation proceedings.
Allimuddin
District Magistrate
District Deputy Director Of Consolidation
Neeraj Tiwari
As recorded by the court registry
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