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2020 DIGILAW 638 (ALL)

Akhilesh Kumar v. Board of Revenue, U. P.

2020-02-27

PRAKASH PADIA

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JUDGMENT : Prakash Padia, J. 1. Heard Sri Shyam Lal Yadav, learned Counsel for the petitioners. The petitioners have preferred the present writ petition with the prayer to quash the order dated 27.1.2020 passed in Transfer Application No. 248 of 2020 as well as the order dated 28.1.2020 passed in Correction Application No. 268 of 2020 filed in the aforesaid Transfer Application by the respondent No. 1/Board of Revenue, U.P. at Prayagraj. 2. It is argued by learned Counsel for the petitioners that a suit was filed by the petitioners in the Court of Sub Divisional Magistrate, Sirathu, District Kaushambi under section 144 of the U.P. Revenue Code, 2006. The aforesaid suit was dismissed by the Sub Divisional Magistrate vide its judgment and decree dated 20.12.2019. Against the aforesaid judgment and decree, a statutory appeal was filed by the petitioners before the Additional Commissioner, Prayagraj Division, Prayagraj which was numbered as C-202002000000031 (Motilal and others v. Ganesh and others). It further appears from perusal of the record that on 6.2.2020 the next date fixed in the appeal for hearing at the admission stage itself on 13.2.2020. It appears that though no orders were passed in the aforesaid appeal, a transfer application was filed by Ram Naresh/respondent No. 7 in the present writ petition on 24.1.2020 before the respondent No. 1 making various allegations against the presiding officer. On the aforesaid Transfer Application, without hearing the petitioners, an order dated 27.1.2020 was passed. By the aforesaid order, comments were called for from the Presiding Officer fixing 30.3.2020. A further directions were also given that the Court below will continue with the proceedings but no final order will be passed in the case. It further appears that on 28.1.2020 a correction application was filed in the Transfer Application to correct the order dated 27.1.2020 and after the word "Final" word "Interim" be added. The correction application was allowed and the word "Interim" was added along with the word "Final". Aggrieved against the aforesaid orders, the petitioners have preferred the present writ petition. 3. It is argued by learned Counsel for the petitioners that only vague allegations have been made by the respondent No. 7 namely Ram Naresh while filing the Transfer Application before the respondent No. 1. It is further pointed out that even affidavit was sworn by a close friend of respondent No. 7. 3. It is argued by learned Counsel for the petitioners that only vague allegations have been made by the respondent No. 7 namely Ram Naresh while filing the Transfer Application before the respondent No. 1. It is further pointed out that even affidavit was sworn by a close friend of respondent No. 7. It is further argued that the serious allegation were made in paragraph 13 of the Transfer Application but the aforesaid paragraph was sworn on the basis of personal knowledge of pairokar/close friend. 4. Heard learned Counsel for the parties and perused the record. From perusal of the record, it is clear that without giving any cogent reasons, the orders were passed on the Transfer Application by the respondent No. 1. Matter requires consideration. 5. Learned Standing Counsel accepted notice on behalf of respondent Nos. 1 to 3 & 5 and Sri Azad Rai, learned Counsel put his appearance on behalf of respondent No. 4. 6. Issue notices to the respondent Nos. 6 to 10, returnable at an early date. 7. Steps be taken within ten days. 8. All the respondents are granted six weeks time counter affidavit. 9. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 10. List this matter after exchange of affidavits. 11. In the meanwhile, effect and operations of the order dated 27.1.2020 and 28.1.2020 shall remain stayed. 12. In the facts and circumstances of the case, an interim mandamus is issued directing the respondent No. 2/Additional Commissioner (First) Prayagraj Division Prayagraj to pass appropriate orders in the appeal filed by the petitioners in accordance with law expeditiously.