A writ petition assailing the rejection of a transfer application regarding land consolidation appeals by the Additional Director of Consolidation was dismissed by this Court for lack of merit, credible evidence, and absence of perversity or miscarriage of justice.
Writ petition dismissed with no order as to costs.
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.
Neutral Citation No. - 2024:AHC:119784
Court No. - 49
Case :- WRIT - B No. - 2879 of 2024
Petitioner :- Bachchu Ram and another Respondent :- Additional Director of Consolidation and 5 others Counsel for Petitioner :- Satyadeep Gautam Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
the transfer application dated 26.12.2023 speculating injustice and corruption, inter alia, on grounds that the proceeding in appeal has deliberately been protracted, which is a result of corruption as the opposite party in appeal (respondent herein) has openly claimed to get the appeal decided in her favour. No convincing and specific allegation has been made by the petitioners in the transfer application. All the grounds, as taken in the transfer application, are general in nature and, only, on the basis of the speculation without any credible evidence. As such, it would not be justifiable to transfer the case from one court to another court. Learned Additional Director of Consolidation (Administration), Uttar Pradesh has rightly rejected the transfer application having not found any credible evidence to prove the allegations as made in the transfer application.
Order Date :- 26.7.2024 vinay
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether extraordinary jurisdiction under Article 226 of the Constitution of India warrants interference in the impugned order rejecting the transfer application.
Whether the allegations of corruption and spectation of injustice in the transfer application amount to justifiable grounds for transferring the appeal.
Whether there is any illegality, perversity or infirmity in the order rejecting the transfer application to warrant judicial intervention.
Bachchu Ram and another
Additional Director of Consolidation and 5 others
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
