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Virendra Kumar v. State of U.P. and 3 Others

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
28 November 2023
Case no.
WRIB 3948/2023

Judgment

Court No. - 48 Case :- WRIT - B No. - 3948 of 2023 Petitioner :- Virendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kripa Shanker Yadav,Manish Dev Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.

¶1Heard Sri Kripa Shanker Yadav, learned counsel for the petitioner.

¶2This writ petition has been filed challenging the orders dated

31.7.2023 and 18.4.2023, whereby vide order dated 18.4.2023 the transfer application filed by the respondents was allowed.

¶3Learned counsel for the petitioner submits that impugned order is not only bereft of requisite reasoning, but Revisional Authority has also failed to interfere with the same.

¶4I have carefully perused the impugned orders.

¶5Since the Settlement Officer of Consolidation has passed the transfer order after considering the averments therein taking note that there is an apprehension that fair trial may not be possible before the Consolidation Officer, therefore, since once an authority has taken a view, therefore, at this stage to consider the submission of counsel for petitioner and to go into the merits of the case will not be appropriate. Therefore, without interfering with the impugned orders, this writ petition is disposed of with direction to the concerned Consolidation Officer to decide the case expeditiously, preferably within a period of six months from today, if there is no legal impediment. Order Date :- 29.11.2023 SB High Court of Judicature at Allahabad

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.