Court No. - 3 Case :- MISC. SINGLE No. - 538 of 2010 Petitioner :- Mahfooj Alam And Ors. Respondent :- State Of U.P.Through Revenue Secy. Lko.And Ors. Petitioner Counsel :- Pankaj Kumar Srivastava Respondent Counsel :- C.S.C. Hon'ble Shri Narayan Shukla,J.
The petitioners are aggrieved with the order dated 22nd of January, 2010,
passed by the Board of Revenue, whereby on the petitioners’ application for
transfer of case from the court of Faizabad to Ambedkar Nagar, the Board of
Revenue has called a report from the District Magistrate, but it observed that
the transfer application will be dismissed on 5th of March, 2010 after D.M.’s
report is received. Accordingly he submits that since the Board of Revenue
has already observed for dismissal of the application for transfer, the report
submitted by the the District Magistrate would be rendered redundant.
Upon perusal of the record I find force in the submission of the learned
counsel for the petitioner, therefore, I hereby quash the order impugned dated
22nd of January, 2010 so far as it observe that the transfer application will be
dismissed on 5th of March, 2010 after the D.M.’s report is received and issue
direction to the Board of Revenue to deal with the application in the light of
the report submitted by the District Magistrate on merit expeditiously.
With the aforesaid observations and directions the writ petition is disposed of
finally.
Order Date :- 4.2.2010
Banswar