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Neutral Citation No. - 2025:AHC:73292 Court No. - 35 Case :- WRIT - C No. - 3935 of 2025 Petitioner :- Rambali Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Charan Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23.09.2024 passed by Collector/ District Magistrate, Jaunpur in Case No. 3507 of 2024 (Computerize Case No. D202414360003507) (Rambali Vs. State) Under Section 212(2) U.P. Revenue Code, 2006 (Annexure No.1 to this writ petition). ii) issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to pass a fresh order and transfer the Case No.RST/3048/2016 (Computerize Case No.T20161436013048) (Rambali Vs. Ram Bachan and others) Under Section 116 U.P. Revenue Code 2006 another competent court in District-Jaunpur for fair disposal in accordance with law which is pending before the court of respondent No.3."
3. Brief facts of the case are that transfer application was filed by the petitioner for transferring Computerized Case No. T20161436013048 under Section 116 of U.P. Revenue Code, 2006 pending before respondent No.3. Transfer application filed by the petitioner was rejected by Collector by its order dated 23.9.2024. However, after rejecting the transfer application, certain other directions were issued by the Collector. Petitioner is aggrieved by the directions issued by the Collector.
4. Learned Standing Counsel submitted that in a transfer application such directions cannot be issued.
5. In view of the same, directions as contained in last paragraph of the order dated 23.9.2024, are quashed. Respondent No.3 is directed to consider and decide the pending case being Computerized Case No. T20161436013048 in accordance with law, expeditiously, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.
6. Accordingly, the writ petition is allowed to the extent indicated above. Order Date :- 6.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad