- (1.) This writ petition has been filed, challenging a transfer order dated 05.08.2019, passed by the Board of Revenue, U.P. at Allahabad, transferring proceeding of Revision No. 02608-C-201811000002608 of 2018 'Ram Lal and others vs. Gram Sabha and others' from the Court of the Additional Commissioner, Merrut Division, Meerut to the Court of the Commissioner, Meerut Division, Meerut.
(2.) The aforesaid Revision has arisen out of proceedings brought by respondent nos. 6 and 7 under Section 198(4) of the U.P.Z.A.&L.R. Act (since repealed), seeking cancellation of patta granted to the petitioners on ground that said patta relates to the public utility land, governed by Section 132 of the Act last mentioned. It was taken as a ground that the land given on patta to the petitioners is pasture land. The patta granted to the petitioner was cancelled by the Collector vide order dated 06.11.2018. Against that order a Revision was carried to the Commissioner, Meerut Division, Meerut. The Revision was proceeding before the Court of Additional Commissioner, when Transfer Application No. 11/201/-19 was filed before the Commissioner. The said application was rejected by the Commissioner holding that the Additional Commissioner has already reserved judgment.
(3.) This Court has perused the order sheet relating to the Additional Commissioner's Court which does show that orders were reserved on 30.04.2019, without a hearing prima facie. However, this Court refrains from expressing any opinion on the matter finally. The case appears to have further been adjourned on account of pendency of the Transfer Application before the Commissioner. After the Commissioner rejected the Transfer Application, respondent nos. 6 and 7 filed a Transfer Application to the Board of Revenue with the same prayer as the one that was addressed to the Commissioner, that is to transfer proceedings out of the Court of the Additional Commissioner to any other Court of competent jurisdiction. The said Transfer Application was filed under Section 212 of the U.P. Revenue Code and was numbered as Transfer Application No. 2015 of 2019 on the file of Board of Revenue, U.P. at Allahabad.;