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Kallu @ Akhlaq Haider v. The Collector Of District Gautam Budh Nagar & Others - WRIT - B No. 44441 of 2006 [2006] RD-AH 13874 (21 August 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No. 28

Civil Misc. Writ Petition No. 44441 of 2006

Kallu alias Akhlaq Haider.............Petitioner


The Collector of District Gautam Budh Nagar,

& Others...........Respondents

Hon'ble Krishna Murari, J.

Heard Sri A. K. Sachan, learned counsel for the petitioner.

Challenge in this writ petition has been made to the order dated 24th July 2006 passed by the District Deputy Director of Consolidation allowing the transfer application filed by the contesting respondents and transferring the proceedings of revision from the Court of Deputy Director of Consolidation, Gautum Budh Nagar to the Court of A.D.M.(Finance and Revenue), Gautam Budh Nagar .

It has been urged by the learned counsel for the petitioner that the transfer of the proceedings has been made by respondent no. 1 on false and fabricated allegations and at a point of time when the matter was being finally heard by the Deputy Director of Consolidation and that too without issuing any notice or opportunity of hearing to the petitioner and thus in violation of the principle of natural justice. It has also been urged that the proceedings have been transferred to A. D. M. (Finance and Revenue) who is not vested with the power of Deputy Director of Consolidation and hence incompetent to decide the revision.

No useful purpose would be served by keeping this petition pending and staying the proceedings, as it would unnecessarily delay the adjudication of the revisional proceedings.

Without entering into the merit of the contention advanced by the learned counsel for the petitioner challenging the impugned order, in my opinion interest of justice would be served in case the District Deputy Director of Consolidation is directed to decide the revision himself. The proceedings of revision are hereby transferred to the District Deputy Director of Consolidation/ Collector, District Gautam Budh Nagar with a direction to decide the same within a period of three months from the date of production of certified copy of this order before him in accordance with law after affording opportunity of hearing to parties concerned.

Subject to above, the writ petition stands finally disposed of.



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