SOBH NATH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) The petitioners had sought transfer of the case from the Court of Sub-Divisional Officer, Tehsil - Sadar, Jaunpur, and in the transfer application, copy whereof is Annexure-1 to the writ petition, allegations had been made that certain persons have been found to be in association with the Sub-Divisional Officer/Presiding Officer and, as such, the petitioners were not expecting justice from him. On Advice received from the Lawyer, the transfer application was moved making those allegations with a prayer that the matter be transferred outside the district. The transfer application before the Board of Revenue was disposed of vide order dated 3.10.2011 recording that in view of the consent given by the learned counsel for the parties, the case is being transferred to the Sub-Divisional Officer of another Sub-Division namely Badlapur, District Jaunpur.

(3.) After the said order was passed, a review application was filed being review application No. 1 of 2011 supported by an Affidavit of Smt. Shyama Devi, one of the applicants to the review application. In paragraph Nos. 2 and 3, the aforesaid facts have been disclosed and in para 4 it has been stated that no such consent was tendered by the learned counsel for the applicants as mentioned in the order dated 3.10.2011. Learned counsel Sri Tiwari submits that the only request made was to transfer it outside the district and, therefore, there was no consent for transferring it to another Sub-Divisional Magistrate of the same district.