MANOJ KUMAR AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
WRIB/3826/2026 · 2026-09-22
Ashutosh Srivastava
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9603 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9603 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3826 of 2026 Court No. - 50 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the petitioners and learned Standing Counsel for the State Respondents. Considering the nature of the order proposed to be passed notice upon the private respondent no. 3 is hereby dispensed with. The petitioners have approached this Court seeking issuance of a Writ of Mandamus for transferring the trial of Case No. 0329 of 2022 (Manoj Kumar Vs. Bachhan) filed under Section 48(1) of U. P. Consolidation of Holdings Act, from the Court of Deputy Director of Consolidation, Varanasi Division to any other Competent Court. Admittedly, the petitioners have not invoked the provisions of Rule 65 of the C.H. Rules. The petitioners seek transfer of the Revision outside the District Varanasi. In the opinion of the Court such power of transfer shall vest with the Consolidation Commissioner, Lucknow. Learned counsel for the petitioner submits that the petitioners shall file an appropriate application before the Consolidation Commissioner, Lucknow for the relief claimed for in the present writ petition and a direction for consideration of the transfer application be passed. In the opinion of the Court, the writ petition can be disposed of requiring the petitioners to approach the Consolidation Commissioner, Lucknow, by filing an appropriate application invoking the provisions of Section 65 of the C.H. Rules. If such an application is filed by the petitioners within a period of two weeks from today, it is expected that the Consolidation Commissioner, Lucknow shall entertain the application and proceed to pass appropriate Versus Counsel for Petitioner(s) : Abhishek Kumar Shukla, Aklesh Kumar Counsel for Respondent(s) : C.S.C. Manoj Kumar And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
orders thereon expeditiously, preferably within a period of next three weeks after considering all aspects of the matter and affording proper opportunity of hearing to the parties, from the date of service of certified copy of this order, strictly in accordance with law. With the aforesaid observations and directions, the writ petition is disposed of. September 23, 2026 pks WRIB No. 3826 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad