Disposed

Gyanendra Kumar v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and Others

Allahabad HC7 Feb 2024WRIB/109/2024

Case brief

AI extract

What is this about?

Writ petition challenging a Board of Revenue order transferring two Section 212 U.P. Revenue Code cases without hearing the petitioner. The court found no opportunity of hearing was given, stayed the impugned transfer orders, issued notice to opposite parties nos. 7 and 8, and listed for further hearing.

What did the court decide?

Impugned transfer order dated 31.10.2023 stayed till next listing; notices to be issued to opposite parties nos. 7 and 8; case listed on 20.03.2024.

Gyanendra Kumar vs State of U.P. Thru. Prin. Secy… — Land Acquisition | Allahabad HC (2024)

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Court No. - 10

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Case :- WRIT - B No. - 109 of 2024

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Petitioner :- Gyanendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lucknow And Others Counsel for Petitioner :- Yogendra Nath Yadav,Amit Yadav,Manjari Singh,Saurabh Yadav,Vikrant Prakash Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Mrs. Sangeeta Chandra,J.

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Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the opposite parties no. 1 to 5.

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This writ petition has been filed with the following main prayers:-

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" I. issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 31.10.2023 passed by the Respondent no.2 i.e. Board of Revenue, Lucknow, Uttar Pradesh, through its Chairman in Case No. - TA/2906/2023/Kanpur Nagar, Computerized case No. R20230341002906 titled as "Sri Virat Shakti Land Developers Limited Sri Vs. Gyanendra Kumar" under Section 212 of U.P. Revenue Code, 2006 annexed as Annexure No.-1 to instant writ petition. "

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It has been submitted by learned counsel for the petitioner that a transfer application was moved before the Board of Revenue for transfer of case under Section 212 of the U.P. Revenue Code from the Court of Naib Tehsildar, Pali, Kanpur Sadar to some other Court having jurisdiction on the ground that the respondents to the said case were politically connected and had good relations with the Presiding Officer, and therefore, there was apprehension that the case may not be decided fairly. Without issuing notice and without hearing of petitioner the impugned order has been passed transferring the case from the Court where it was pending to the Court of Naib Tehsildar, Bilhaur, Kanpur Nagar.

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It is evident from the order passed on 31.10.2023 that only the counsel for the applicant and the Standing Counsel was heard.

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Learned counsel for the petitioner has also pointed out that there were two cases filed under Section 212 of the U.P.

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Revenue Code which were pending before the Naib Tehsildar. Two transfer applications were moved on similar grounds and on the same day an order was passed i.e. on 31.10.2023, the Board of Revenue allowed the transfer application and the petitioner had approached this Court challenging such order in Writ-B No. 1100 of 2023, 'Gyanendra Kumar Vs. State of U.P. and Others'. This Court has allowed the writ petition on 11.12.2023 on the ground that no opportunity of hearing was given to the petitioner against whom allegations were made in the transfer application, a copy of the application has been filed as annexure-25 to the writ petition.

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It has also been submitted that the case of the petitioner is the same, and therefore, this Writ Petition also deserves to be allowed on the ground of not having been given opportunity to be heard on the transfer application.

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This Court has perused the order passed by the Coordinate Bench on 11.12.2023. This Court is of the opinion that before allowing the writ petition the opposite parties no. 7 and 8 need to be heard.

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Prima facie, no opportunity was given to the petitioner, and therefore, the impugned order is stayed till the next date of listing.

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Issue notice to the opposite parties no. 7 and 8.

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The petitioner shall take steps within one week.

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List this case on 20.03.2024.

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In the meantime, pleadings be exchanged between the parties.

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Order Date :- 7.2.2024 Darpan Sharma

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Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench

Gyanendra Kumar v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and Others

Case brief

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Gyanendra Kumar v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and Others

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