Raj Kumar Singh and Others vs State of U.P.and Others

Shitla Pd. Srivastava, J.—Heard Sri E.G. Tripathi, learned Counsel for the petitioner, Sri Nar Singh Narain, learned Counsel holding brief of Sri S.K. Singh and Sri V.K. Singh, learned Counsel for the Respondent Nos. 4 and 5 and learned Standing Counsel.

The petitioner has filed the present writ petition praying for a writ of certiorari quashing the order dated 871997 and 2031998 passed by the respondents and also for a writ of mandamus commanding the Respondent No. 2 to transfer the file of case No. 411/496 and 412/497 pending before the Additional District Magistrate/Chief Revenue Officer, Basti to Deputy Director of Consolidation, Siddarthnagar for disposal.

The parties have exchanged affidavits. The main grievance of the petitioner was that the petitioner moved an application before the Principal Secretary, Revenue Department, U.P. Lucknow for transferring the case No. 411/496 and 412/497 to Deputy Director of Consolidation, Siddarthnagar on the ground that son of the Respondent No. 4 is posted as SubRegistrar in District Basti and he has friendly terms with the Additional District Magistrate where the matter is pending and since new district Siddarthnagar has been formed where the District Deputy Director of Consolidation is working and the entire work has also been transferred before the Deputy Director of Consolidation, Siddarthnagar and as such, this case may also be transferred before the District Deputy Director of Consolidation, Siddharthnagar.

The grievance of the petitioner was that inspite of the order passed by the Principal Secretary the Respondent No. 2 is violating the same and instead of transferring the case to the District Siddarthnagar, he again transferred the case before the Additional District Magistrate (Finance and Revenue), Basti.

Learned Counsel for the parties have agreed that matter should have been transferred to district Siddarthnagar and also this case is also covered by the decision of this Court in Civil Misc. Transfer Application No. 60 of 1995 (Ram Adhar Mishra and others v. Chandrika Mishra), decided on 25th November, 1997. Since the jurisdiction is at Siddarthnagar and order of the Principal Secretary is also for transfer of the case to district Siddarthnagar, I accordingly allow the present writ petition and the orders dated 871997 and 2031998 passed by the respondents are hereby quashed and mandamus is issued to Respondent No. 2 to transfer the file of case No. 411/496 and 412/497 pending before the Additional District Magistrate/Chief Revenue Officer Basti to Deputy Director of Consolidation, Siddarthnagar for disposal.