LAWS(ALL)-2015-1-132

DAL SINGAR Vs. JOINT DIRECTOR OF CONSOLIDATION

Decided On January 13, 2015
DAL SINGAR Appellant
V/S
JOINT DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) HEARD Sri Hari Lal Pandey for the petitioner.

(2.) THE writ petition has been filed for quashing the order of Additional Director of Consolidation (Technical), U.P. Lucknow dated 6.12.2014 rejecting the application of the petitioner for transferring the appeal from the court of Settlement Officer, Consolidation, Ghazipur to any other competent court.

(3.) THE facts of the case, in brief, are that Ramlal and others, opposite parties, had filed an appeal before the Settlement Officer, Consolidation along with a delay condonation application which was pending. The petitioner was insisting the Settlement Officer, Consolidation to decide the delay condonation application first before hearing the appeal. However, he filed an application before the Director of Consolidation with the allegation that the respondents were politically influential persons and the Settlement Officer, Consolidation was under their influence, therefore, he had no hope of justice from the court of Settlement Officer, Consolidation, Ghazipur. The opposite parties had spread a rumour in the village that they had a talk with the Settlement Officer, Consolidation and the cased would be decided in their favour. In the appeal 4.4.2014 was the date fixed. On that day counsel appearing for the petitioner was out of station as such junior counsel, Sri Om Prakash Kushawaha sought for adjournment. The case was adjourned on that day and next date 5.5.2014 was fixed, which showed that the Settlement Officer, Consolidation was inclined to decide the appeal in favour of the opposite parties. In such circumstances he had no hope of justice from the court of Sri Sanjay Srivastava, Settlement Officer, Consolidation, Ghazipur.