Case Note & Summary
The case involved a writ petition filed by the petitioners seeking a writ of certiorari to quash an order dated 1.10.1999 passed by the Additional Commissioner Consolidation, Lucknow, which rejected their transfer application concerning a case pending before the Consolidation Officer. The petitioners had moved for the transfer of Case No. 881, which involved plots in village Pamdari, Tehsil Kichcha, District Udham Singh Nagar, under Section 9(1)(a) of the U.P. Consolidation of Holdings Act. The writ petition was initially filed in 1999 before the Allahabad High Court; however, no stay order was granted during the proceedings. As time passed without resolution, the court determined that the writ petition had become infructuous. Consequently, the court dismissed the petition without any order as to costs, indicating that the matter could no longer be adjudicated effectively due to the lapse of time.
Headnote
A) Writ Jurisdiction - Certiorari - Quashing of Order - U.P. Consolidation of Holdings Act, 1953, Section 9(1)(a) - Petitioners sought to quash the order rejecting their transfer application for a case pending before the Consolidation Officer. The court found that the writ petition had become infructuous due to the passage of time and lack of a stay order, leading to dismissal without costs. Held that the petition was no longer maintainable (Paras Not mentioned).
Issue of Consideration
Whether the order rejecting the transfer application should be quashed.
Final Decision
The court dismissed the writ petition as infructuous due to the lack of a stay order and the passage of time.
Law Points
- Writ of certiorari
- Transfer application
- U.P. Consolidation of Holdings Act
- Infructuous petition
