Hon’ble Ran Vijai Singh, J.—Heard Dr. V.K.Rai, along with Sri Ashok Kumar Singh, learned counsel for the petitioner and the learned standing counsel for the respondents.

2. Considering the facts of the case the writ petition is taken up for final disposal without issuing notice to the private respondent with liberty to him to file an application seeking variation/recall/modification of the order which is going to be passed.

3. This writ petition has been filed with the following prayer:

(I) Issue a writ of certiorari to quash the order dated 21.2.2014 passed by respondent No. 1 in transfer application No. 597 (LR2001-14 (Kailash Nath Singh v. Suresh);

(II) issue a writ of mandamus directing to the respondent No. 2 to decide the appeal No. 2 of 2009 Suresh Singh v. Uday Chand Singh and others, expeditiously.

(III) Any other relief order and direction, which this Hon’ble Court may deem fit and proper in the interest of justice..

(IV) Costs of the petition be awarded to the petitioners.

4. On 24.10.2014 this Court has passed the following order:

“Heard Dr. Vinod Kumar Rai along with Sri Ashok Kumar Singh, learned counsel for the petitioner.

While assailing the impugned transfer order 21.1.2014 passed by the learned Member Board of Revenue in Transfer Application No. 597/LR/2013-14, learned counsel for the petitioner contends that the transfer was sought by the otherside on the basis of mala fide against the learned Additional Commissioner. The learned Member Board of Revenue without having comment of the learned Additional Commissioner and without there being any notice to the petitioner has passed the impugned order. In his submissions, earlier on 7.5.2013, a direction was issued by this Court in Writ-C No. 16790 of 2013 (Kailash Nath and another v. State of U.P. and others) to decide the appeal expeditiously. The other side, after this order was passed, has filed transfer application for transferring the case from the Court of Additional Commissioner. On that, comment was sought for by the Commissioner from the Additional Commissioner. Pending that, he has filed another transfer application before the Board of Revenue, on which impugned order has been passed.

Learned Standing Counsel is directed to get the entire records of Transfer Application No. 597/LR/2013-14 and Transfer Application No. 65.

Put up on 4th March, 2014 as fresh as first case.”

5. On 11.3.2014 learned standing counsel has produced the record.

6. The facts giving rise to this case are that vide order dated 21.1.2014 passed on transfer application 597/LR/2013-14 (Kailash Nath Singh v. Suresh Singh), learned Member Board of Revenue has allowed the transfer application and transferred Appeal No. 2 of 2009 (Suresh Singh v. Kailash Singh and others) from the Court of Additional Commissioner, Varanasi Division, Varanasi, (the respondentNo. 2) to the Court of Commissioner, Varanasi Division, Varanasi, respondent No. 3. The transfer was sought on the allegation that the behaviour of the learned Additional Commissioner was such as if he was siding with the other side with the further allegation that the respondent No. 2 has got interpolated the record by calling the appellant, Suresh Singh (the petitioner) in his chamber and in this way the respondent applicant became confident that in case the matter is heard by the respondent No. 2 injustice may be done to the contesting respondent No. 4, namely, Kailash Singh.

7. Learned Member Board of Revenue by the impugned order believing the allegation made in the transfer application true, has allowed the transfer application without there being any notice or opportunity of hearing to the petitioner as well as the respondent No. 2.

8. It is stated that with respect to the aforesaid pending case before the Court below this Court was earlier approached through Writ-C No. 16790 of 2013 (Kailash Singh and others v. State of U.P. and others) and this Court Court has disposed of the writ petition vide order dated 7.5.2013 wit