Court No. - 9
Case :- WRIT - B No. - 5852 of 2018 Petitioner :- Shanti Devi And 2 Others Respondent :- Director Of Consolidation And 4 Others Counsel for Petitioner :- Santosh Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners.
The writ petition is directed against an order dated 13.11.2018 passed by the Joint Director of Consolidation, Lucknow on a transfer application filed by the petitioner.
The petitioner is the respondent in an appeal pending before the Settlement Officer Consolidation, Basti and a transfer application was filed by him on the ground that at least on three separate occasions, the Court concerned had preponed the date fixed in the appeal.
The other contention before this Court is that the record of the proceedings before the Consolidation Officer has not been summoned and the same is not available and yet the Settlement Officer Consolidation is trying to decide the matter.
Counsel for the petitioners has produced the certified copy of the order sheet of 26.06.2018, 07.07.2018, 19.07.2018 and 27.07.2018. The same is taken on record.
It transpires from a perusal of the order sheet that on 26.06.2018, the matter was adjourned for 31.07.2018 on account of lawyers being, on strike.
Subsequently, a recall application was filed, where upon the matter has been taken up on 07.07.2018.
On that date, counsel for the petitioner, the opposite party in the appeal, appeared and he was given an opportunity to file his power fixing the matter for 19.07.2018.
It appears that on the next date fixed, the power of the petitioner was filed by her counsel. The order that has been transcribed is not a ligible order and, therefore, it is not possible to say anything with certainty but it is definitely to be inferred that next date fixed was 27.07.2018, for hearing.
In the aforesaid factual background, it cannot be said that the Presiding Officer preponed the date without any cogent reason.
For the same reason, the basis of the transfer application as also the basis of the writ petition before this Court is not tenable.
The opposite party no. 1 has also found the transfer application to be without any basis. I am in complete agreement with the finding returned by the respondent no. 1 in the impugned order. Nothing of substance could be submitted even before this Court that would even prima facie, convince this Court to take a view to the contrary.
The writ petition is therefore, found to be devoid of merit and is dismissed.
Order Date :- 19.12.2018 Mayank