KEDAR Vs. ADDITIONAL COMMISSIONER U P GOVERNMENT

JUDGEMENT

(1.) Heard counsel for the petitioner and learned standing counsel who appears for the respondent Nos. 1 and 2.

(2.) Challenged in this petition is the order passed by Additional Commissioner, Consolidation dated 14.2.2003 by which petitioner's transfer application for transferring pending appeal from the Court of the Settlement Officer, Consolidation was rejected.

(3.) The argument of the learned counsel for the petitioner is that although there were serious allegations against the Presiding Officer as has been stated in the transfer application itself, copy of which has been brought on record as Annexure-2 to the writ petition and although it has been held by this Court in 1984 RD 1 in the case of Indra Dev and Ors. v. District Deputy Director of Consolidation, that it is not necessary to prove allegation to its hilt and it is only an apprehension in the mind of litigant which is sufficient for transfer of case, the transfer application has been rejected by the concerned authority, without applying his mind either to the facts or to the legal aspect.