Allahabad High Court
MANOJ KUMAR AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The writ petition is disposed, directing the petitioners to approach the Consolidation Commissioner, Lucknow, and file an application under Section 65 of the C.H. Rules for the transfer.
Summary
The petitioners, Manoj Kumar and three others, filed a writ of mandamus seeking the transfer of the trial of case No. 0329 of 2022 (Manoj Kumar v. Bachhan) from the Deputy Director of Consolidation, Varanasi Division, to another competent court under Section 48(1) of the U.P. Consolidation of Holdings Act. The petitioners did not invoke Rule 65 of the Consolidation of Holdings Rules, which governs transfer applications. The Court held that the power to transfer the case resides with the Consolidation Commissioner, Lucknow, and that the petitioners must file an application under Section 65 of the C.H. Rules. Accordingly, the Court directed the petitioners to file the appropriate application within two weeks and disposed of the writ petition. The order emphasized that the Commissioner should decide the transfer expeditiously, within three weeks of receiving the application.
Issues considered
- What is the appropriate forum and procedure for seeking transfer of a consolidation case under the U.P. Consolidation of Holdings Act?
- Does the High Court have jurisdiction to issue a writ of mandamus directing transfer, or must the petitioners approach the Consolidation Commissioner under Rule 65 of the C.H. Rules?
Legislation cited
- Consolidation of Holdings Rules — s. 65
- U.P. Consolidation of Holdings Act — s. 48(1)
Subjects
- writ of mandamus
- transfer of trial
- U.P. Consolidation of Holdings Act
- Consolidation Commissioner
- Section 65
- procedural jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 3826 of 2026
Manoj Kumar And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Kumar Shukla, Aklesh Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the petitioners and learned Standing Counsel for
the State Respondents.
Considering the nature of the order proposed to be passed notice upon the
private respondent no. 3 is hereby dispensed with.
The petitioners have approached this Court seeking issuance of a Writ of
Mandamus for transferring the trial of Case No. 0329 of 2022 (Manoj
Kumar Vs. Bachhan) filed under Section 48(1) of U. P. Consolidation of
Holdings Act, from the Court of Deputy Director of Consolidation, Varanasi
Division to any other Competent Court. Admittedly, the petitioners have not
invoked the provisions of Rule 65 of the C.H. Rules. The petitioners seek
transfer of the Revision outside the District Varanasi. In the opinion of the
Court such power of transfer shall vest with the Consolidation
Commissioner, Lucknow. Learned counsel for the petitioner submits that the
petitioners shall file an appropriate application before the Consolidation
Commissioner, Lucknow for the relief claimed for in the present writ
petition and a direction for consideration of the transfer application be
passed.
In the opinion of the Court, the writ petition can be disposed of requiring the
petitioners to approach the Consolidation Commissioner, Lucknow, by filing
an appropriate application invoking the provisions of Section 65 of the C.H.
Rules. If such an application is filed by the petitioners within a period of two
weeks from today, it is expected that the Consolidation Commissioner,
Lucknow shall entertain the application and proceed to pass appropriate
WRIB No. 3826 of 2026
2
orders thereon expeditiously, preferably within a period of next three weeks
after considering all aspects of the matter and affording proper opportunity
of hearing to the parties, from the date of service of certified copy of this
order, strictly in accordance with law.
With the aforesaid observations and directions, the writ petition is disposed
of.
September 23, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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