H.C. Mital, J. - (1.) The petitioner is a Sub-Registrar and in April 1986 he was transferred to Tehsil Mohammadabad Gohna (then in district Azamgarh) now in District Mau. By order dated 23rd September 1989 he was transferred to Sadar Tehsil Maunath Bhanjan in the district of Mau by order of the District Registrar where he joined on the same date. However, subsequently by order dated 6th December, 1989 he was directed by the District Registrar to go back to Mohammadabad Gohna. That order dated 6th December, 1989 of the District Registrar has been challenged in this writ petition on the ground that it has been passed on the illegal dictates and command of the State Government. It has been further alleged that the Slate of U.P. through the Secretary, Institutional Finance, U.P. Lucknow, respondent No. 3 exercised undue influence and he had no jurisdiction to order any transfer in the matter ; that the alleged order suffers from lack of application of mind by the District Registrar himself. It has been further alleged at para 10 of the petition that the District Registrar, respondent No. 1 could pass the order only after taking the approval of the Inspector General, (Registration), U.P. and in the present case no such approval of the Inspector General was taken. It has also been,alleged that Sri Amrish Chand Pandey, respondent No. 5 M.L.A. who happens to be brother-in-law of respondent No. 4 Harishikesh Pandey, Sub Registrar, Tehsil Gangapar, Varanasi, exercised pressure on the Secretary, Institutional Finance, U.P. Lucknow, respondent No. 3 as a result of which the petitioner has been transferred.
(2.) In the counter affidavit on behalf of respondent No. 1, 2 and 3 it has been stated that on the creation of the new Revenue District of Mau, a Sub Registrar's Office was also established there. As no one was immediately appointed on the newly created post of Sub Registrar, a temporary appointment was made by the District Registrar as provided under Section 12 of the Registration Act.
(3.) Later on, the Inspector General (Registration) respondent No. 2 by his order dated 11.10.89 posted respondent No. 4 as Sub Registrar at Maunath Bhanjan and when respondent No. 4 reported for joining the District Registrar, respondent No. 1, did not allow him to join. Thereupon he reported to the Inspector General (Registration) respondent No. 2. The I.G. (R) by his letter dated 28.11.1989 directed the District Registrar to allow respondent No. 4 to joint at Mau and a report was also made to the Government by the I.G. (Registration). As The directions of the I.G. (Registration), the competent authority to transfer the Sub Registrars in U.P. was not complied with by the District Registrar, the State Government directed the respondent No. 1 to comply. There upon by the impugned order dated 6.12.1989 the petitioner was transferred back to Mohammadabad Gohna and there after the respondent No. 4 took over charge and has worked since 7th December, 1989 and was working when the stay order was granted by this court and communicated to them and from 18th December 1989 the petitioner on the basis of the stay order is working at Mau as the Sub Registrar; that the impugned order is perfectly legal and without any malice or influence and the writ petition has no force.;