Allowed

Rekha Devi v. Board of Revenue and 2 Others

Allahabad HC20 Jan 2022WRIB/2447/2021

Case brief

AI extract

What is this about?

The court allowed the writ petition. It quashed a transfer order that was passed without notice to the petitioner and transferred the case to a location favorable to one of the respondents. The order was remanded for a fresh hearing after providing proper notice.

What did the court decide?

The impugned transfer order dated 12.10.2021 is set aside. The matter is remanded for passing a fresh order after providing an opportunity of hearing.

Rekha Devi Vs Board of Revenue and 2 Others — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 72

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Case :- WRIT - B No. - 2447 of 2021

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Petitioner :- Rekha Devi Respondent :- Board Of Revenue And 2 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- C.S.C.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the petitioner and learned standing counsel for State- respondents through video conferencing.

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Learned counsel for the petitioner submitted that impugned transfer order has been passed on the application of respondent no. 3 dated 13.9.2021. He next submitted that in the application, there are several allegations against the petitioner and respondent no. 2. Further, prayer was made to transfer the case at Tehsil- Navgarh. He further submitted that without providing opportunity of hearing or issuing notice to the petitioner to rebut the facts of the case, respondent no. 1 allowed the transfer application and transferred the case at the place of choice of respondent no. 3 i.e. Tehsil- Navgarh. He next submitted that first of all, the impugned order is in gross violation of principle of natural justice and further, case has been transferred to Tehsil- Navgarh, which is the choice of respondent no. 3, therefore, the impugned order is bad and liable to be set aside.

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Learned standing counsel opposed the submission, but could not dispute the aforesaid facts.

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I have considered the submissions raised by learned counsel for the parties and impugned order dated 12.10.2021 as well as record.

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From the perusal of record, it is apparently clear that neither opportunity of hearing nor notice was issued to the petitioner and further, case has been transferred to Tehsil- Navgarh, which is prayed by respondent no. 3 it its application dated 13.09.2021, which is bad in law.

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Under such facts and circumstances of the case, writ petition is allowed and the impugned order dated 12.10.2021 passed by respondent no. 1 is set aside. The matter is remanded back to respondent no. 1 for passing fresh reasoned order after providing opportunity of filing objection as well as hearing to

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petitioner and other concerned, if any.

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No order as to costs.

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Order Date :- 20.1.2022 Arvind

Rekha Devi v. Board of Revenue and 2 Others

Case brief

What is this about?

What did the court decide?

Rekha Devi v. Board of Revenue and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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