Court No. - 18
Case :- WRIT - B No. - 2055 of 2019 Petitioner :- Sheesh Pal And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- C.S.C.,Mahesh Narain Singh,Shiv Kant Mishra
Hon'ble J.J. Munir,J.
This writ petition has been filed, challenging a transfer order dated 05.08.2019, passed by the Board of Revenue, U.P. at Allahabad, transferring proceeding of Revision No. 02608-C- 201811000002608 of 2018 'Ram Lal and others vs. Gram Sabha and others' from the Court of the Additional Commissioner, Merrut Division, Meerut to the Court of the Commissioner, Meerut Division, Meerut.
The aforesaid Revision has arisen out of proceedings brought by respondent nos. 6 and 7 under Section 198(4) of the U.P.Z.A.&L.R. Act (since repealed), seeking cancellation of patta granted to the petitioners on ground that said patta relates to the public utility land, governed by Section 132 of the Act last mentioned. It was taken as a ground that the land given on patta to the petitioners is pasture land. The patta granted to the petitioner was cancelled by the Collector vide order dated 06.11.2018. Against that order a Revision was carried to the Commissioner, Meerut Division, Meerut. The Revision was proceeding before the Court of Additional Commissioner, when Transfer Application No. 11/201/-19 was filed before the Commissioner. The said application was rejected by the Commissioner holding that the Additional Commissioner has already reserved judgment.
This Court has perused the order sheet relating to the Additional Commissioner's Court which does show that orders were reserved on 30.04.2019, without a hearing prima facie. However, this Court refrains from expressing any opinion on the matter finally. The case appears to have further been adjourned on account of pendency of the Transfer Application before the Commissioner. After the Commissioner rejected the Transfer Application, respondent nos. 6 and 7 filed a Transfer Application to the Board of Revenue with the same prayer as the one that was addressed to the Commissioner, that is to transfer proceedings out of the Court of the Additional Commissioner to any other Court of competent jurisdiction. The said Transfer Application was filed under Section 212 of the U.P. Revenue Code and was numbered as Transfer Application No. 2015 of 2019 on the file of Board of Revenue, U.P. at Allahabad.
Admit.
Issue notice returnable forthwith.
Sri Anil Kumar Singh Baghel, learned Addl. C.S.C. waives service of notice on behalf of respondent nos. 1 to 5. Sri Mahesh Narayan Singh, learned Counsel waives service of notice on behalf of respondent no. 5 and Sri Vineet Kumar Singh, learned counsel waives service of notice on behalf of respondent nos. 6 and 7.
Heard Mrs. Archana Tyagi, Advocate holding brief of Sri Pankaj Kumar Tyagi, learned counsel for the petitioners, Sri Vineet Kumar Singh, learned counsel for respondent nos. 6 and 7 and Sri Anil Kumar Singh Baghel, learned Addl. C.S.C. appearing on behalf of respondent nos. 1 to 4 and Sri Mahesh Narayan Singh, learned Counsel appearing on behalf of respondent no. 5.
A perusal of the impugned order shows that the Board of Revenue has not disclosed, even in as much as a few words, reasons why the Transfer Application was allowed. The order to its face is cryptic and laconic. This is not to say that the order is necessarily wrong. However, even an order on a Transfer Application ought to assign some reasons, howsoever brief, for granting or refusing it. Apart from that, it is the petitioners' grievance that though they are the principal parties to the case, pending before the Additional Commissioner in Revision, they have not been impleaded as parties to the Transfer Application, and the order dated 05.08.2019 allowing the Transfer Application is one without hearing the petitioners, or affording them even an opportunity of hearing. Indeed, a perusal of the Transfer Application shows that the petitioners have not been impleaded by respondent nos. 6 and 7. This in the opinion of the Court is clearly violative of the principles of fair procedure where other party to the proceedings, particularly, the principal contesting party, ought to be impleaded before any order is passed in a transfer matter. A party circumstanced as the petitioner, is certainly entitled to be put in appearance and contest the Transfer Application.
Accordingly, this writ petition succeeds and is allowed.
The impugned order dated 05.08.2019 passed by the Board of Revenue, U.P. at Allahabad is hereby quashed. The matter is remanded to the Board of Revenue, where Transfer Application No. 2015 of 2019 shall stand restored to file of the Board for decision afresh in accordance with law.
Both parties, that is to say, the petitioners and the respondent nos. 6 and 7 will put in appearance before the Board of Revenue, U.P. at Allahabad on 30.08.2019, and the Board will proceed to decide the Transfer Application afresh within ten days thereafter, in accordance with law.
Until decision of Transfer Application, proceedings in Revision/Case No. 02608 of 2018 (Computerized No. 201811000002608) 'Ram Lal and others vs. Gram Sabha and others' pending before the Commissioner/Additional Commissioner, Meerut Division, Meerut shall remain stayed.
Order Date :- 26.8.2019 Deepak