CHIRANJI LAL Vs. MOOL CHAND
LAWS(ALL)-2000-1-43
HIGH COURT OF ALLAHABAD
Decided on January 31,2000

CHIRANJI LAL Appellant
VERSUS
MOOL CHAND Respondents

JUDGEMENT

- (1.) RAM Janam Singh, J. Kutubuddin and others moved a transfer application before the learned Additional Commissioner praying that the proceed ings under Section' 198 (4) of the UPZA and LR Act be transferred from the Court of Collector, Ghaziabad to some other Court of competent jurisdiction. The learned Additional Commissioner by his order dated 26-3-96 transferred the case from the Court of Collector, Ghaziabad to the Court of Additional Collector (Ad ministration), Meerut for disposal. The learned Commissioner by his order dated 4-4-96 ordered that no action will be taken of Additional Commissioner's order dated 26-3-96 till further orders.
(2.) I have heard the learned Counsel for the parties and perused the records carefully. On the transfer application the learned Additional Commissioner had passed his order dated 26-3-96 after con sidering the facts and circumstances of the case. The learned Commissioner has no power to sit over in judgment against this order. The order passed by Commissioner staying operation of the order dated 26-3-96 is nullity. Any order passed by Collec tor in pursuance of the order of Commis sioner is also a nullity. In the result, the orders passed by the Commissioner as well as Collector are set aside and the case is sent back to ADM (Administration) for deciding the case on merits in the light of the observations made by the Additional Commissioner in his order dated 26-3-1996. Revision disposed of. .;


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