Sanjay Kumar Tripathi Vs State of U.P. and 13 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 11637 of 2026

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Sanjay Kumar Tripathi

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.....Petitioner(s)

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	Versus
State Of U.P. And 13 Others			.....Respondent(s)
Counsel for Petitioner(s)	: Brijesh Kumar Vijai Kumar Rai	Rai,	Tej Bahadur Rai,
Counsel for Respondent(s)	: C.S.C.

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Court No. - 37

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HON'BLE VINOD DIWAKAR, J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the State, and perused the record.

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The present petition has been filed seeking a direction to the competent authority to transfer Appeal No. 6 of 2026 (Pritam Nath & Others v. State & Others) from the Court of the Divisional Appellate Forum/Commissioner, Varanasi Division, Varanasi, to any other competent Divisional Commissioner of an adjoining Commissionerate.

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Learned counsel for the petitioner submits that the petitioner, being aggrieved by the order dated 02.02.2026 passed by the District Magistrate, Varanasi preferred the aforesaid appeal before the Commissioner, Varanasi Division, Varanasi. It is further submitted that the officer who passed the impugned order in the capacity of District Magistrate has subsequently been posted as the Commissioner, Varanasi Division, and is presently seized of the appellate jurisdiction in the matter.

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It is contended that the same officer, having passed the original order, cannot sit in appeal over his own decision, as the same would be contrary to the settled principles of natural justice, particularly the doctrine of nemo judex in causa sua (no one shall be a judge in his own cause).

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Learned Standing Counsel, on instructions, submits that the State has no objection to the prayer made by the petitioner and that the appeal may appropriately be transferred to another competent authority, such as the Commissioner, Prayagraj Division.

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WRIC No. 11637 of 2026

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2

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It is also brought to the notice of the Court that in similar circumstances, a Co-ordinate Bench of this Court in Writ-C No. 11501 of 2026 has passed an order directing transfer of the appeal to another Division to ensure fairness in adjudication.

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Having considered the submissions advanced by learned counsel for the parties and upon perusal of the record, this Court finds that the apprehension expressed by the petitioner is well-founded. Allowing the same officer to decide the appeal against his own order would give rise to a reasonable likelihood of bias and would be inconsistent with the principles of fair adjudication.

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Accordingly, in the interest of justice, the present petition is allowed with the following directions: (i) Appeal No. 6 of 2026 (Pritam Nath & Others v. State & Others) pending before the Commissioner, Varanasi Division, Varanasi, shall stand transferred to the Court of the Commissioner, Prayagraj Division, Prayagraj, (ii) The transferee authority shall decide the appeal expeditiously, strictly in accordance with law, after affording due opportunity of hearing to all concerned parties, (iii) The records of the appeal shall be transmitted forthwith to the transferee authority to avoid unnecessary delay.

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April 20, 2026 Anil K. Sharma

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(Vinod Diwakar,J.)

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Sanjay Kumar Tripathi v. State of U.P. and 13 Others

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Sanjay Kumar Tripathi v. State of U.P. and 13 Others

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