AKHILESH KUMAR AND ORS. Vs. BOARD OF REVENUE, U.P. AND ORS.
LAWS(ALL)-2020-2-493
HIGH COURT OF ALLAHABAD
Decided on February 27,2020

Akhilesh Kumar And Ors. Appellant
VERSUS
Board Of Revenue, U.P. And Ors. Respondents

JUDGEMENT

PRAKASH PADIA,J. - (1.) Heard Sri Shyam Lal Yadav, learned counsel for the petitioners.
(2.) The petitioners have preferred the present writ petition with the prayer to quash the order dated 27.01.2020 passed in Transfer Application No.248 of 2020 as well as the order dated 28.01.2020 passed in Correction Application No.268 of 2020 filed in the aforesaid Transfer Application by the respondent No.1/Board of Revenue, U.P. at Prayagraj.
(3.) It is argued by learned counsel for the petitioners that a suit was filed by the petitioners in the Court of Sub Divisional Magistrate Sirathu District Kaushambi under Section 144 of the U.P. Revenue Code, 2006. The aforesaid suit was dismissed by the Sub Divisional Magistrate vide its judgement and decree dated 20.12.2019. Against the aforesaid judgement and decree, a statutory appeal was filed by the petitioners before the Additional Commissioner, Prayagraj Division Prayagraj which was numbered as C-202002000000031 (Motilal and others Vs. Ganesh and others). It further appears from perusal of the record that on 06.02.2020 the next date fixed in the appeal for hearing at the admission stage itself on 13.02.2020. It appears that though no orders were passed in the aforesaid appeal, a transfer application was filed by Ram Naresh/respondent No.7 in the present writ petition on 24.01.2020 before the respondent No.1 making various allegations against the presiding officer. On the aforesaid Transfer Application, without hearing the petitioners, an order dated 27.01.2020 was passed. By the aforesaid order, comments were called for from the Presiding Officer fixing 30.03.2020. A further directions were also given that the court below will continue with the proceedings but no final order will be passed in the case. It further appears that on 28.01.2020 a correction application was filed in the Transfer Application to correct the order dated 27.01.2020 and after the word "Final" word "Interim" be added. The correction application was allowed and the word "Interim" was added along with the word "Final". Aggrieved against the aforesaid orders, the petitioners have preferred the present writ petition.;


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