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Mohd. Ama & Another v. Consolidation Commissioner, Indira Bhawan, Lucknow & Others - WRIT - B No. 46868 of 2006  RD-AH 15266 (4 September 2006)
Court No. 40
Civil Misc. Writ Petition No. 46868 of 2006
Mohd. Ama & another vs. Consolidation Commissioner, Lucknow, U.P.,
Hon'ble Krishna Murari, J.
Heard Sri Madhusudan Dixit, learned counsel for the petitioners and Sri S.K.Pundir, learned counsel for contesting respondents.
Challenge in this petition has been made to the order dated 28.7.2006 rejecting the transfer application moved by the petitioners for transferring the proceedings of appeal pending before the Settlement Officer Consolidation, Saharanpur to some other Settlement Officer Consolidation.
Learned counsel for the respondents has stated that the transfer application was moved only with the intention to delay the proceedings and in order to avoid controversy he has no objection in case the proceedings of appeal are transferred to some other Settlement Officer Consolidation.
Learned counsel for both the parties have stated that there is no other Settlement Officer Consolidation functioning in the district Saharanpur and as such the proceedings of appeal may be transferred to Settlement Officer Consolidation of some neighbouring district.
In view of the aforesaid facts and circumstances, without entering into the merits of the transfer application, interest of justice would stand served by transferring the proceedings of appeal no. 1195/1171+86/136 (Mohd. Sama & others vs. Mohd. Isha & others) pending before the Settlement Officer Consolidation, Saharanpur to Settlement Officer Consolidation, Muzaffarnagar.
Accordingly, appeal no. 1195/1171+86/136 (Mohd. Sama & others vs. Mohd. Isha & others) stands transferred from the court of Settlement Officer Consolidation, Saharanpur to Settlement Officer Consolidation, Muzaffarnagar who shall hear and decide the appeal within a period of three months from the date of production of a certified copy of this order before him in accordance with law after notice and opportunity of hearing to all concerned.
Subject to aforesaid, the writ petition is finally disposed of.
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