- (1.) Through this writ petition, the petitioners have prayed for issuing writ of certiorari quashing the order dated 27.6.2012, passed by the Deputy Director of Consolidation, Bulandshahr, Camp Gautam Buddh Nagar (In short DDC), by which the revision filed by the petitioners has been dismissed on the ground that the DDC, Bulandshahr, Camp Gautam Buddh Nagar has no jurisdiction to entertain the revision with the further direction to the revisionists to avail the remedy before the appropriate Court. The facts giving rise to this case are that, it appears, against the judgment and order dated 5.3.2011, passed by Consolidation Officer, Gautam Buddh Nagar in Case No. 45/63, an appeal was filed before the Settlement Officer, Consolidation, Gautam Buddh Nagar (in short SOC), which was numbered as Appeal No. 81 of 2006. The said appeal was transferred, on the Transfer Application No. 77 of 2011, filed under Rule 65-A(2) of the Uttar Pradesh Consolidation of Holdings Rules, 1954 before SOC, Meerut, by the order of the Joint Director of Consolidation on 28.4.2011.
(2.) After transfer of the appeal, the decision rendered in the appeal by the SOC, Meerut on 4.7.2011 was challenged through revision filed by the petitioners/revisionists before the DDC, Gautam Budh Nagar. The DDC, Gautam Buddh Nagar dismissed the revision on the ground that the revision would be maintainable before the DDC of the district of which district's SOC has decided the appeal. Learned counsel for the petitioners has vehemently contended that the view taken by the DDC is illegal. In his submissions, the revision would lie before the DDC of the district in whose jurisdiction land in dispute is situated and not before the DDC of the district of which SOC has decided the appeal. In his submissions, the transfer order was passed in certain circumstances, and the transfer of the matter to another district will not confer the jurisdiction of the revisional Court also at the place where the appeal was transferred.
(3.) Learned counsel for the petitioners has placed reliance upon the judgments of this Court in the case of Ramdas Rai v. Deputy Director of Consolidation, Deoria and others,1994 RevDec 62; and Haider Ali v. State of U.P. and others, 2012 1 ADJ 522. In the case of Ramdas Rai , it appears, an appeal was instituted at Gorakhpur and the Consolidation Commissioner, U.P. directed the SOC, Gorakhpur to hold a camp at Deoria and decide the appeal. The appeal was decided at Deoria by the SOC, Gorakhpur on the direction of the Consolidation Commissioner. The revisions were filed before the DDC, Deoria. The other side has taken objection that the DDC, Deoria will have no jurisdiction to entertain the revision, as the order in appeal had been passed by the SOC, Gorakhpur, holding a camp at Deoria and not by SOC, Deoria. The objection taken by the other side was sustained and it has been held by this Court that the DDC, Deoria will have no jurisdiction to entertain the revision against the appellate order passed by the DDC, Gorakhpur, camp at Deoria. Therefore, the decision cited by the learned counsel for the petitioners is of no help.;