Neutral Citation No. - 2025:AHC-LKO:11307 Court No. - 20 Case :- WRIT - B No. - 169 of 2025 Petitioner :- Ram Kumar Respondent :- State Of U.P. Thru. Prin. Secy., Revenue And Others Counsel for Petitioner :- Rahul Kumar,Shivendra Rao Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Rahul Kumar, learned counsel for the petitioner, Sri Dev Prakash Mishra, learned Additional Chief Standing Counsel for the State-respondent nos.1 to 3 and perused the record. 2. By means of present writ petition, the petitioner has assailed the order dated 28.05.2024 passed by opposite party no.2/ Additional Director of Consolidation, U.P. Lucknow by which he rejected the application moved by the petitioner seeking transfer of the pending proceedings under Section 9(A) 1 of the U.P. Consolidation of Holdings Act in Case No. 1043 of 1989 (State Vs. Hardwari and others). 3. The submission of learned counsel for the petitioner is that the allegations made in the said transfer application have not been taken into consideration by opposite party no.2/ Additional Director of Consolidation, U. P. Lucknow and rejected the same as being not maintainability. 4. It has also been contended on behalf of the petitioner that the grounds for transfer of the above mentioned case have not been considered by opposite party no.2/Additional Director of Consolidation, U.P. Lucknow and the aforesaid application for transfer of the case has been rejected on unwarranted premise. 5. On the other hand, learned Standing Counsel appearing on behalf of the State has pointed out that Rule 65 (1) of the U.P. Consolidation of Holdings Rules,1954 (hereinafter referred as 'Rules,1954') provides that Settlement Officer, Consolidation is the competent authority to withdraw any case from the file of any Consolidation Officer or Assistant Consolidation Officer subordinate to him and may refer the same for disposal to any other Consolidation Officer or Assistant Consolidation Officer competent to deal with the same. For ready reference Rule 65(1) of the Rules, 1954 is reproduced as under:- "65. Section 54.-(1) The Settlement Officer, Consolidation, may withdraw any case from the file of any Consolidation Officer or Assistant Consolidation Officer subordinate to him and may refer the same for disposal to any other Consolidation Officer or Assistant Consolidation Officer competent to deal therewith. [(1-A) The Officer before whom appeals, revisions or references under the provisions of the Act or these rules are instituted may transfer any case instituted or pending before him to any other officer empowered to hear and decide such case, or recall case pending before any other officer from the file of that officer to his own file. The District Deputy Director of Consolidation of a district where Joint/Deputy/Assistant Director of Consolidation is posted may call for record of any revision or case pending before such officer for disposal and may transfer it to such officer if he is unable to decide it for some reason.]" 6. Learned counsel appearing on behalf of the petitioner could not dispute the aforesaid legal position, as pointed out by learned Standing Counsel. 7. In view of the aforesaid situation, notice to opposite parties no. 4 and 5 is dispensed with at this stage. 8. Taking into consideration the legal position, as provided under Rule 65(1) of the Rules, 1954, the proceedings carried out on the Transfer Application No. 419 of 2024 under section 65(2) of the Rules,1954 preferred by the petitioner before opposite party no.2/ Additional Director of Consolidation, U.P. Lucknow is hereby quashed being dehore of the relevant Rules. However, the petitioner is at liberty to move appropriate application seeking transfer of the Case No. 1043 of 2018 (State Vs. Hardwari and others) pending before the Consolidation Officer, Gola, District-Lakhimpur Kheri in accordance with Rules 65(1) of the Rules,1954 alongwith sufficient proof in support of his allegation before the concerned Settlement Officer, Consolidation within a period of two weeks. 9. It is provided that in case such an application is filed by the petitioner before the concerned Settlement Officer, Consolidation alongwith certified copy of this order within the time as prescribed above, the concerned Settlement Officer, Consolidation, after affording due opportunity of hearing to opposite parties no.4 and 5 herein, shall decide the aforesaid application afresh, strictly in accordance with law on merits, within a further period of four weeks. 10. It is made clear that while deciding the instant writ petition, this Court has not entered into the merits of the case in any manner. 11. The writ petition is disposed of accordingly. Order Date :- 21.2.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench