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Neutral Citation No. - 2025:AHC:13478 Court No. - 49 Case :- WRIT - B No. - 4407 of 2024 Petitioner :- Subhash Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Prajjwal Tyagi,Sanjeev Kumar Tyagi Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J. A Reference bearing no. 70/22, State vs. Mahavir is pending before the Deputy Director of Consolidation, Meerut. The said reference was decided vide order dated 03.01.2024, which was challenged before this Court. This Court appears to have quashed that order vide order dated 15.03.2024 and ordered the Deputy Director of Consolidation, Meerut to decide afresh. The petitioner has moved a transfer application before the District Deputy Director of Consolidation, Meerut, that is to say, the Collector, Meerut saying that the petitioner has heard respondent nos. 4, 5 and 6 to say that they will ensure that the Deputy Director of Consolidation passes the same order which he did earlier, and that in view of the said utterances by the respondents, the petitioner does not expect an unbiased judgment by the Deputy Director of Consolidation. He has, therefore, moved for transfer. The District Deputy Director of Consolidation has remarked that there is no material to substantiate the allegation of bias and dismissed the transfer application. Upon hearing the learned Counsel for the petitioner Mr. Sanjeev Kumar Tyagi at considerable length in support of this petition and Mr. Ashutosh Kumar Rai, learned Additional Chief Standing Counsel, we are of opinion that the petitioner's apprehension is
indeed founded on conjecture. There is not the slightest material to infer any kind of bias on the part of the Deputy Director of Consolidation from whose Court transfer is sought. A transfer sought on the basis of allegations leaves a question mark on the uprightness of the Court deciding the matter. It is, therefore, a course that should be eschewed and adopted only when imperative. Of course, transfers directed administratively or on grounds that are not founded on any kind of allegations do not fall in this category. Be that as it may, we do not find it to be a fit case, where we may interfere and quash the Collector's order and direct a transfer. This petition, therefore, fails and is summarily dismissed.
Let this order be communicated to the District Deputy Director of Consolidation, Meerut through the Civil Judge (Senior Division), Meerut by the Registrar (Compliance) within a week. Order Date :- 27.1.2025 Deepak Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad