JOG RAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri A. K. Srivastava, learned Counsel for the petitioner-appellant and learned Standing Counsel appearing for the respondents.

(2.) THIS appeal has been filed aggrieved by the order dated 29. 10. 2007 passed by Hon'ble Single Judge dismissing writ petition No. 52709 of 2007 filed by the petitioner-appellant along with one Sri Dharam Pal Singh mentioning that the learned Counsel for the petitioner states that he may be permitted to file amend ment application in Special Appeal No. 1073 of 2006 and on the basis thereof permitting the petitioner to file amendment application, the Hon'ble Single Judge has dismissed the writ petition. Learned Counsel for the appellant contended that Special Appeal No. 1073 of 2006 was filed by Sri Dharam Pal Singh and Jog Raj Singh was not a party in the aforesaid Special Appeal and, therefore, the state ment was only with respect to Dharam Pal Singh and not Jog Raj Singh and the Hon'ble Single Judge erred in dismissing the writ petition with respect to Jog Raj Singh since he has no occasion to file amendment application being not a party therein.

(3.) WE have considered the submission and perused the record. Rule 21 of 1958 Rules permits transfer within the District and also within Sub division and reads as under: "transfer- (a) The Collector may at his discretion transfer a Lekhpal from one halqa to another within the district and the Assistant Collector may similarly transfer a Lekhpal within the sub division. (b) When any tract is under survey, record or settlement operation or under the operations for consolidation of holdings, the transfer of a Lekhpal outside the area under the aforesaid operations, shall be made by the Collector or the Assistant Collector without consulting the Records of Settlement Officer, or the Settlement Officer of Consolidation, as the case may be. "