DHARM PAL Vs. ADDITIONAL COMMISSIONER OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sr. M.C. Singh, learned Counsel for the petitioner.

(2.) THESE three writ petitions have been filed against the same order dated 25 -4 -2003 passed by the Additional Commissioner, Consolidation U.P. Lucknow. Brief facts giving rise to these writ petitions are:

(3.) OBJECTIONS under Section 9 -A of the U.P. Consolidation of Holdings Act, 1953 (hereinafter to be referred as 'the Act') was filed by the petitioner claiming Bhumidhari rights. The land in dispute was recorded in the name of Gaon Sabha. The Consolidation Officer allowed the objection and directed recording of the name of the petitioner. An appeal was filed by Respondent No. 3 which was dismissed by the Settlement Officer of Consolidation. A revision was filed before the Deputy Director of Consolidation against the order of the Settlement Officer of Consolidation. The Revision No. 872 of 2003 is pending before the Deputy Director of Consolidation, Bulandshahar. Other two revisions which are also pending as Revisions No. 871 of 2003 and 873 of 2003. The petitioner filed an application for transfer of the aforesaid three revisions from the Court of the Deputy Director of Consolidation. The transfer applications were filed under Rule 65 before the Additional Commissioner, Consolidation U.P. Lucknow. The Additional Commissioner,Consolidation U.P. Lucknow by the impugned order dated 25 -4 -2003 disposed of the transfer application with the observation that the petitioner may file an application for transfer before the District Deputy Director of Consolidation. The said order dated 25 -4 -2003 has been challenged in this writ petition. Sri M.C. learned Counsel for the petitioner contended that the District Deputy Director of Consolidation does not have any power to transfer a revision pending before the Deputy Director of Consolidation. He placed reliance on two judgments of this Court, Namely, 1981 A.W.C. 25; Mewa Lal and others v. The Deputy Director of Consolidation and others, and 1982 R.D. 51; Devi Prasad and others v. Raghunath Prasad and others. The learned Counsel for the petitioner has also referred to notification issued by the State Government in exercise of powers under Sections 41 and 44 of the Act by which Consolidation Commissioner has been appointed as Ex Officio Director of Consolidation.