Vinod Kumar Khatri vs State Of U.P. And 5 Others
2014 Latest Caselaw 2740 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 34845 of 2014
 

 
Petitioner :- Vinod Kumar Khatri
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Mahipal Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sheo Kumar Singh,J.

Hon'ble Rajan Roy,J.

Argument is that in respect to auction of eucalyptus trees respondent no. 5 was interested in getting the auction but petitioner got the action done in accordance with law on account of which State revenue was enhanced three times. It is further submitted that there are various documents from which it is clear that respondent no. 5 threatened the petitioner of dire consequence and his shifting from that place, and therefore, irrespective of submission of learned Standing Counsel about long stay of the petitioner in the region petitioner cannot be permitted to be shifted to a far away place just by giving colour to the order as to be in the public interest.

Various documents in this respect has been annexed with this petition.

In view of the aforesaid, this court is satisfied that record is to be summoned to examine the correctness of various allegations of malafide so that genuineness and bonafide in the exercise of the concerned authority can be ascertained.

Let this petition be posted as fresh on 23rd July, 2014.

On the facts, we direct that till next date of listing operation of the order of transfer dated 27th June, 2014 (Annexure-10 to the writ petition) shall remain stayed.

Order Date :- 9.7.2014

M.A.A.

(Rajan Roy, J.)   ( S.K. Singh, J.)