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2025 DAILYLAW 46651 (ALL)

RAMVEER AND ANOTHER v. DISTRICT DEPUTY DIRECTOR OF CONSOLIDATION/COLLECTOR BAGHPAT AND 2 OTHERS

WRIB/1567/2025 · 2025-05-08

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75724 Court No. - 50 Case :- WRIT - B No. - 1567 of 2025 Petitioner :- Ramveer And Another Respondent :- District Deputy Director Of Consolidation/Collector Baghpat And 2 Others Counsel for Petitioner :- Ayub Khan Counsel for Respondent :- Brajesh Shukla,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Ayub Khan, learned counsel for the petitioners, Mr. Brajesh Shukla, learned counsel for the private respondents and Mr. Tarun Gaur, learned standing counsel for the state-respondents. 2. Brief facts of the case are that chak revision filed by the private respondents is pending before Deputy Director of Consolidation, Baghpat and the petitioners have applied for transfer of the proceeding under Rule 65(1-A) of the U.P. Consolidation of Holdings Rules, 1954 (hereinafter referred to as "U.P. C.H. Rules") from the court of Deputy Directory of Consolidation, Baghpat to any other court which has been rejected by respondent no.1/District Deputy Director of Consolidation under the impugned order dated 9.4.2025, hence, the instant writ petition for the following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 9.4.2025 passed by learned District Deputy Director of Consolidation/Collector/respondent no.1 in T.A. No.0037/2025 (Ramveer vs. Sumitra), under Section 65 (1-A) of the Uttar Pradesh Consolidation of Holding Rules, 1954 (Annexure No.1 to the writ petition). (ii) Issue a writ, order or direction in the nature of mandamus to transfer the Revision No.2023541180000141 (Smt. Sumitra and Others vs. State), under Section 48(1) of the U.P. C.H. Act which is pending before the learned Addl. District Magistrate (Finance & Revenue)/Deputy Director of Consolidation, Baghpat to some other court of Additional District Magistrate (Finance & Revenue)/Deputy Director of Consolidation, Baghpat having jurisdiction to decide the same to secure the ends of justice. 3. Counsel for the petitioners submitted that transfer application has been filed on behalf of the petitioners, stating that reasonable apprehension has arisen in the mind of the petitioners that they will not get justice from the court of Deputy Director of Consolidation, Baghpat, as such, matter should be transferred to any other court. He submitted that necessary averments have been made in the transfer application on behalf of the petitioners to transfer the proceeding. 4. On the other hand, learned counsel for the private respondents submitted that no interference is required in the matter as transfer application filed by the petitioner has been rejected by respondent no.1/District Deputy Director of Consolidation recording finding that there is no ground to transfer the pending proceeding. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that chak revision filed by the private respondents is pending before the court of Deputy Director of Consolidation, Baghpat and the transfer application filed on behalf of the petitioners has been rejected under the impugned order dated 9.4.2025. 7. Considering the averments made in the transfer application as well as the finding recorded by respondent no.1/ District Deputy Director of Consolidation under the impugned order, no case to transfer the proceeding from the court of respondent no.1/Deputy Director of Consolidation, Baghpat to any other court is made out. 8. The writ petition is dismissed. Order Date :- 9.5.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad