TABASSUM FATIMA Vs. CONSOLIDATION COMMISSIONER

JUDGEMENT

(1.) Heard Shri Mohammad Ehtesham Khan, learned counsel for the petitioners, learned Standing Counsel on behalf of respondents No. 1 to 3 and Shri Ansuman Pandey, who has filed his Vakalatnama on behalf of respondent No. 4, which is taken on record.

(2.) By means of the present writ petition, the petitioner has challenged the order dtd. 4/3/2025 passed by Consolidation Commissioner, Uttar Pradesh thereby allowing the application of the respondent No. 4 under Rule 65(2) of the Consolidation of the Holdings Rules thereby transferring the appeal preferred by the petitioner from the court of Settlement Officer Consolidation (Administration), Sultanpur.

(3.) It has been submitted by counsel for the petitioner that the present dispute pertains to the proceeding under Sec. 9-A(2) of the U.P. Consolidation of Holdings Act, 1953 whereby objections filed by one Asharfi Lal, father of the respondent No. 4, were allowed by means of order dtd. 24/12/2010. The aforesaid order was challenged before the Settlement Officer Consolidation, Ayodhya by filing an appeal under Sec. 11(1) of the Act, 1953. During the proceedings, Asharfi Lal died and his legal heirs were substituted by the appellant. It has further been submitted that the writ petition was filed before this Court under Article 227 of the Constitution of India being Writ Petition No. 1098 of 2023, Chaudhary Naved Raza (died) v. Settlement Officer Consolidation, Faizabad, where by means of order dtd. 3/3/2023, this Court had directed the Settlement Officer Consolidation, Ayodhya to decide the said appeal within period of six months from the date of production of certified copies of the orders. It has been submitted by the counsel for the petitioners that despite order passed by this Court, appeal remained pending and was fixed on 10/2/2025 giving liberty to the opposite party No. 4 to argue the appeal. Instead of arguing the matter finally, the opposite party No.4 moved an application for transfer before the Consolidation Commissioner, which has been allowed by means of the impugned order dtd. 4/3/2025.