SATYA DEV DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed challenging the order dated 15.10.2020 passed in Transfer Application No. 1507 of 2020/ Gonda, computerized case no. A1202200830001507, this Court on earlier occasion has passed a detailed interim order which interim order dated 03.12.2020 is being quoted herein below:

(2.) The contesting respondent has filed a counter affidavit on 19.12.2020 wherein he has brought the amendment carried out in Rule 495 of the U.P. Rajaswa Nyayalaya Niyam Sangrah. This Court has perused annexure CA-2 and clause-6 of the amendment in Rule495 which is being quoted herein below:

(3.) From a perusal of the aforesaid provisions, this Court is not convinced with the arguments raised by the learned counsel for the contesting respondents that in all matters the Board of Revenue is empowered to allow transfer application without issuing notice to the parties or to the court below. The provision only enables the Board of Revenue to summarily decide an application for transfer. Such summary disposal of application for transfer is usually in such cases where the Board of Revenue does not find any good ground to interfere. However, if the Board of Revenue is convinced with the case of the applicant in the transfer application, it must issue notice to the learned court below and to the contesting respondents. No order can be passed by any court which prejudices the litigant without hearing him.