- (1.) Heard Shri Jeevan Prakash Sharma, learned counsel for the petitioner and learned Standing Counsel appearing for respondent. With the consent of the learned counsel for the parties, the writ petition is taken up for final decision.
(2.) Through this writ petition, the petitioner has prayed for issuing writ of certiorari quashing the order dated 8.1.2013, passed by Joint Director of Consolidation, U.P., Lucknow in Transfer Application No. 514 of 2012 (Tufani Singh v. Vinod Kumar and others). While assailing this order, Shri Jeevan Prakash Sharma, learned counsel for the petitioner contends that the Joint Director of Consolidation has exceeded his jurisdiction in rejecting the petitioner's transfer application by directing the Settlement Officer, Consolidation to decide the appeal on merit. In his submissions, at the stage of filing of the restoration application, the transfer application was filed on the ground that other side is exerting pressure through members of the Bar Association upon the Settlement Officer, Consolidation to get favourable decision in his favour and he has no hope of justice from the Court of Settlement Officer, Consolidation. The transfer application has been rejected on the ground that the allegations made are unbelievable. However, while doing so, the Joint Director of Consolidation has directed the Settlement Officer, Consolidation to decide the appeal on merit.
(3.) I find substance in the submissions of the learned counsel for the petitioner. Before the Joint Director of Consolidation, the transfer application was pending, filed under Section 65(2) of the Uttar Pradesh Consolidation of Holdings Rules, 1954 (hereinafter referred to as the Rules). Rule 65 (2) of the Rules reads as under: 65 (2) The Director of Consolidation may withdraw any case from the file of any Settlement Officer, Consolidation, and refer the same to any other Settlement Officer, Consolidation for disposal. From the perusal of the aforesaid rule, it transpires, that the Joint Director of Consolidation has been conferred with the power to withdraw a case from the Court of one Settlement Officer, Consolidation and to refer the same to another Settlement Officer, Consolidation, meaning thereby he has been empowered to transfer the cases from the Court of one Settlement Officer, Consolidation to another Settlement Officer, Consolidation and not beyond that. Here, in this case, the Joint Director of Consolidation while rejecting the transfer application, has passed the following order:;