PALAK DHARI Vs. COMMISSIONER CONSOLIDATION LUCKNOW

JUDGEMENT

(1.) HEARD Counsel for the petitioner and the learned Counsel who appeared for the respondents.

(2.) PRESENT writ petition is directed against the orders passed by the Consolidation Commissioner respondent No. 1 dated 7 -5 - 1992 and 20 -5 -1992 (Annexure Nos. 6 and 8 respectively). It appears that appeal No. 455 Palak Dhari v. Devi Prasad, relating to village Azampur, Pargana Nizamabad, Tehsil Sadar, District Azamgarh was pending before the Settlement Officer Consolidation of the District Azamgarh. In view of the facts as has been stated by the learned Counsel for the petitioner it is clear that earlier on his application the appeal was transferred from one officer to another in the same District, which was confirmed up to this Court but thereafter on application for transfer having been moved by the respondents before the respondent No. 1 pending appeal was directed to be transferred from District Azamgarh to District Ghazipur. Learned Counsel for the petitioner submits that the order of transferring the appeal from Azamgarh to Ghazipur by order dated 7 -6 -1992 was without any notice and opportunity to the petitioner and was behind his back, and therefore, the application for recall was moved which too was rejected by the respondent No. 1 by order dated 20 -5 -1992 without considering the contention of the petitioner solely on the ground that the matter has already been disposal of and the appeal is pending before the Settlement Officer Consolidation, Ghazipur and, therefore, application is rejected.

(3.) ACCORDINGLY , this writ petition succeeds and is allowed. Orders of the Consolidation Commissioner dated 7 -5 -1992 and 20 -5 - 1992 are quashed. It is directed that the matter will now be heard by the competent authority at Azamgarh. In this respect it will be open for either of the parties to move an application before the Deputy Director of Consolidation alongwith certified copy of this order upon which hearing of the appeal will be assigned to available official who will decide the same in accordance with law after giving opportunity of hearing to both the parties without allowing any unwarranted adjournment to either of the parties. Petition allowed.