- (1.) Heard Sri H.M. Srivastava for the petitioners.
(2.) The writ petition has been filed against the order of Additional Director of Consolidation (Technical) dated 9.6.2016, dismissing the transfer application of the petitioners for transferring the case from the court of Settlement Officer, Consolidation, Mainpuri to any other court of competent jurisdiction in the district.
(3.) Suraj Singh and others filed an appeal from the order of Consolidation Officer dated 14.7.2005 along with a delay condonation application, on 24.8.2015. In this appeal they have raised ground that sale deed on the basis of which names of petitioners were recorded in the proceeding under Section 9 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act") were forged sale deeds and the order was passed without giving any opportunity of hearing to them. The petitioners appeared in the appeal before the appellate court and 4.4.2016 was the date fixed. A perusal of the order sheet dated 4.4.2016 shows that the arguments of the appellants were heard on that day and counsel for the petitioners sought adjournment, which was allowed and 22.4.2016 was the date fixed for arguments of the petitioners. On 22.4.2016 again petitioners sought adjournment and the case was adjourned and 2.5.2016 was the date fixed. On 2.5.2016 again the petitioners sought for adjournment . The case was adjourned giving liberty to the petitioners to file written argument upto 5.5.2016 and 7.5.2016 was the date fixed for delivery of the order. The petitioners moved an application for transferring the appeal before Consolidation Commissioner, U.P. Lucknow on 4.5.2016. In the transfer application, the petitioners have stated that the Settlement Officer, Consolidation has wrongly noted in the order dated 22.4.2016, that the arguments were heard on behalf of the appellants. Although petitioner-1 was present in the court and the counsel for the appellants did not advance any argument in the court. It has been further alleged that the Settlement Officer, Consolidation has struck a deal with appellants and he wants to allow the appeal without hearing the arguments of any of the parties and she has no hope of justice from the court of present Settlement Officer, Consolidation, Mainpuri. This transfer application was heard by Additional Director of Consolidation (Technical), who by the impugned order found that the allegations made in the transfer application are vague and not supported with any affidavit as such transfer application was rejected. Hence, this writ petition has been filed.;