ORDER S.N. Srivastava, J.
1. This writ petition is directed against the order dated 25.5.2004 passed by District Deputy Director of Consolidation, Jaunpur rejecting transfer application of petitioner as not maintainable.
2. The facts giving rise to present writ petition are that Revision No. 1367 of 2003, Vijay Bahadur v. Indu Devi, Gram Mohalla Pargana Khapraha, Tahsil Sadar, District Jaunpur is pending before Deputy Director of Consolidation. A transfer application of petitioner to withdraw the revision from Deputy Director of Consolidation for disposal by himself or by any other Deputy Director of Consolidation was rejected by impugned order as not maintainable.
3. Heard learned counsel for the petitioner and learned standing counsel.
4. Relevant portion of amended Rule 65 (1A) of U. P. Consolidation of Holdings Rules is quoted below :
"The District Deputy Director of Consolidation of a district where Joint/Deputy/Assistant Director of Consolidation is posted may call for record of any revision or case pending before such officer for disposal and may transfer it to such officer if he is unable to decide it for some reason."
5. District Deputy Director of Consolidation has been defined under Section 4B of Consolidation of Holdings Act. The same is quoted below :
"(4B) 'District Deputy Director of Consolidation' means the person who is for the time being the Collector of the District."
6. From the above, it is clear that District Deputy Director of Consolidation, i.e., Collector of a district where Joint/Deputy/Assistant Director of Consolidation is posted may call for record of any revision pending before such officer and may transfer it to such officer. In the instant case, the District Deputy Director of Consolidation manifestly erred in rejecting transfer application as not maintainable. Transfer application of petitioner was maintainable and District Deputy Director of Consolidation is competent to decide the same. The rejection of Transfer Application as not maintainable is unsustainable in law.
7. In view of the above, impugned order dated 25.5.2004 passed by District Deputy Director of Consolidation rejecting Transfer Application of petitioner as not maintainable is liable to be quashed.
8. With the result, writ petition succeeds and is allowed. Impugned order dated 25.5.2004 passed by District Deputy Director of Consolidation, Jaunpur is quashed. Now District Deputy Director of Consolidation, i.e., Collector Jaunpur is directed to decide transfer application of petitioner on merits within 15 days from the date of production of certified copy of this order.
9. Till disposal of transfer application by District Deputy Director of Consolidation, Jaunpur (Collector Jaunpur), further proceedings before Deputy Director of Consolidation in Revision No. 1367 of 2003 Vijay Bahadur v. Indu Devi, shall remain stayed.
10. Let a certified copy of this order be issued to learned counsel for petitioner within three days on payment of usual charges.