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Allahabad High Court

HARIOMversusBOARD OF REVENUE UTTAR PRADESH LUCKNOW AND 23 OTHERS

Decided

Holding

The petition was dismissed as the grievance ceased to exist due to the transfer of the officer and vacancy of the court.

Summary

Hariom filed a writ petition challenging the Board of Revenue's order rejecting his application to transfer Appeal No. 1248 of 2020, which was pending before the Additional Commissioner (Administration), Saharanpur Division. The High Court stayed the appeal under Section 207 of the U.P. Revenue Code, 2006. Respondents argued that the Additional Commissioner had been transferred, leaving the court vacant, and therefore the petitioner's grievance no longer existed. The Court accepted that the officer's transfer rendered the petitioner's grievance moot. Consequently, the writ petition was disposed of, with a direction that the available court hearing matters of the Additional Commissioner, Saharanpur, decide the appeal within four months of the order.

Issues considered

  • Whether a writ petition challenging the rejection of a transfer application remains maintainable when the officer concerned has been transferred and the court is vacant.

Legislation cited

Subjects

  • writ petition
  • transfer application
  • U.P. Revenue Code
  • Section 207
  • grievance ceased
  • court vacancy
  • stay order
  • appeal disposition

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                       WRIT - B No. - 3115 of 2022

Hariom
                                                         .....Petitioner(s)
                                 Versus

Board Of Revenue Uttar Pradesh Lucknow And 23
Others                                                 .....Respondent(s)

Counsel for Petitioner(s)     : Syed Fahim Ahmed, Sr. Advocate
Counsel for Respondent(s)     : C.S.C., Kaushal Kishore Mani, Namit
                                Kumar Sharma, Pawan Singh Pundir,
                                Punit Kumar Gupta, Ram Prakash
                                Vishwakarma, Sunil Srivastava

Court No. - 51
                     HON'BLE ARUN KUMAR, J.

1. Heard Sri Syed Fahim Ahmed, learned counsel for the petitioner,
learned Standing Counsel for the respondents State, Sri Pawan Singh
Pundir, learned counsel for the respondent nos.12 to 16 and Sri Punit
Kumar Gupta & Sri Namit Kumar Sharma, learned counsels for the
respondent nos.12 and 22 to 24.

2. The present writ petition has been filed challenging the order dated
13.9.2022 passed by respondent no.1, rejecting the transfer application
filed by the petitioner for transfer of the pending Appeal No. 1248 of
2020 in the court of Additional Commissioner (Administration),
Saharanpur Division, Saharanpur.

3. By the interim order of this Court dated 5.12.2022, the proceeding of
the aforesaid appeal under Section 207 of the U.P. Revenue Code, 2006
was stayed till further orders.

4. Learned counsel for the contesting respondents states that the officer
posted as Additional Commissioner (Administration), Saharanpur
Division, Saharanpur has been transferred and the court is vacant. It is
submitted that the grievance of the petitioner ceases to exist and
moreover, as the court is vacant, the pending appeal has to be decided by
another court.
                                                                                          WRIB No. 3115 of 2022
                                                                  2


                                    5. Learned counsel for the petitioner does not dispute the fact that the
                                    officer posted as Additional Commissioner (Administration), Saharanpur
                                    Division, Saharanpur has been transferred.

                                    6. In view of the aforesaid, as the grievance of the petitioner ceases to
                                    exist, the present writ petition is disposed of with direction to the
                                    available court hearing matters of the Additional Commissioner
                                    (Administration), Saharanpur Division, Saharanpur to decide the
                                    aforesaid appeal, in accordance with law, after hearing the parties
                                    concerned, within a period of four months from the date of presentation of
                                    a certified copy of this order.



                                                                                            (Arun Kumar,J.)
                                    October 1, 2026
                                    Anil




Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad


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