Sharda Singh And 2 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 3141 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR 
 
Court No. - 9
 

 
Case :- WRIT - B No. - 5061 of 2018
 

 
Petitioner :- Sharda Singh And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rajesh Kumar,Archana Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the petitioners.

By means of this writ petition, an order dated 27.02.2018 passed by the Board of Revenue in a transfer application filed by the opposite party is impugned.

The contention of counsel for the revisionist is that the opposite party while filing this transfer application had failed to disclose that a transfer application earlier filed before the Collector, Kasganj had already been dismissed by order dated 13.06.2017.

The contention, in my considered opinion, is without substance.

The power of transfer a case is to be found in Section 212 of the U.P. Revenue Code, 2006. Under sub-section 1 of this provision, the power of transfer is to be exercised by the Board and this includes the power to transfer a case to the district, outside the district where it is pending.

Under sub-section 2, the power to transfer a case is granted to the Commissioner, the Collector or the Sub Divisional Officer and each of these officers can either transfer a case pending before them to some other Court or any case pending before any subordinate Court can be summoned to be decided by themselves.

It is thus clear that the power of transfer under Section 212 is a concurrent power to be exercised by any of the authorities mentioned in Section 212 of the Revenue Code, 2006. None of the authorities exercises either appellate or revisional jurisdiction over an order on a transfer application, which may have been passed by a authority subordinate to it.

Under the circumstances, therefore, even if the order of the Collector rejecting the transfer application filed by the opposite party had not been disclosed or specifically mentioned in the transfer application, which has been allowed by the Board of Revenue vide order dated 27.02.2018, there is no illegality, therein.

The Board of Revenue definitely has the power to transfer a pending proceeding, in case it finds reason to do so.

The order impugned therefore, is not liable to be interfered with, on the ground submitted.

The writ petition is therefore found to be devoid of substance and is, hereby dismissed.

Order Date :- 9.10.2018

Mayank