R.H. Zaidi, J. - (1.) Heard learned counsel for the petitioner, learned Standing Counsel and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 10.8.2001 passed by the respondent No. 1 allowing the application filed by the contesting respondents for transfer of the revision, which was pending before the Deputy Director of Consolidation, to some other officer competent to deal with and decide the revision.
(3.) It appears that firstly, the application for transfer was made before the Commissioner. The application was objected to and opposed by the contesting respondents and was ultimately dismissed by the Commissioner. Challenging the validity of the order passed by the Commissioner, a writ petition was filed before this Court. The said petition also met the same fate and was dismissed by this Court, as the Commissioner in his order observed that application should have been filed before the District Magistrate/District Deputy Director of Consolidation. Encouraged by the said observation after dismissal of the writ petition, another application was filed before the District Deputy Director of Consolidation for transfer of the case making serious allegations against the opposite parties. The Deputy Director of Consolidation heard the parties. He observed that the allegations which were made in the application were not substantiated fully. However, with a view to avoid any doubt he was of the opinion that it would be in the interest of justice to transfer the case from the Court of the Deputy Director of Consolidation where the revision was pending to some other Court competent to decide the revision. Having made the said observation he has allowed application and transferred the revision to the Court of Additional Collector (Revenue and Finance), Jaunpur who was competent to decide the revision by impugned order dated 10.08.2001. Hence, the present petition.;