Hon’ble Mrs. Vijay Lakshmi, J.—Counter affidavit has been filed on behalf of the respondent No. 4. Learned counsel for the petitioners has stated that he does not propose to file any rejoinder affidavit to the counter-affidavit of the respondent No. 4.

2. Hence, with the consent of learned counsel for the parties, this writ petition is being heard and disposed of finally at the stage of admission.

3. This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari to call for the record and quash the impugned orders dated 2.8.2014 passed by the learned Special Judge (Gangster Act), Gautam Budh Nagar and learned Third A.C.J.M., Gautam Budh Nagar as well as the order dated 27.8.2014 passed by the respondent No. 1, Government of Uttar Pradesh (annexure Nos. 3, 4 & 1) to the writ petition.

4. The facts of the case in brief are that both the petitioners are residents of Gautam Budh Nagar and pursuant to remand orders passed by different Court’s of Sessions, district-Gautam Budh Nagar, the petitioners are being detained and kept in District Jail, Gautam Budh Nagar. Against the petitioner No. 1 six criminal cases while against the petitioner No. 2 six-seven criminal cases are pending before different Sessions Court in Ghaziabad. By the impugned order dated 27.8.2014 passed by the respondent No. 1, Government of Uttar Pradesh on the basis of the alleged recommendation made by respondent No. 2, Inspector General of Prisons, U.P. On 22.8.2014 the under trial petitioners have been transferred from District Jail Gautam Budh Nagar to District Jail Banda and Central Jail Bareilly respectively (annexure-1), after the Special Judge (Gangster Act), Gautam Budh Nagar and learned Third A.C.J.M., Gautam Budh Nagar by impugned orders dated 2.8.2014 granted the request made before them by the respondent No. 4 for transfer of the petitioners from District Jail, Gautam Budh Nagar to District Jail, Banda and Central Jail, Bareilly respectively.

5. Learned counsel for the petitioners submitted that an order that the Court may make on a request for transfer of a prisoner is bound to affect him prejudicially and hence, it is obligatory for the Court to apply its mind fairly and objectively to the circumstances in which the transfer is being prayed for and take a considered view having regard to the objections which the prisoners may have to offer.

6. Learned counsel for the petitioners next submitted that since the orders dated 2.8.2014 (annexure Nos. 3 & 4) to the writ petition, by which the request made before learned Special Judge (Gangster Act), Gautam Budh Nagar and learned Third A.C.J.M., Gautam Budh Nagar by the respondent No. 4 for the petitioners’ transfer from District Jail, Gautam Budh Nagar to District Jail, Banda and Central Jail, Bareilly respectively was allowed by them without issuing any notice to the petitioners and without affording them any opportunity to file their objections against the proposed transfer, are per se illegal and violative of principles of natural justice and hence cannot be sustained. In view of the above, the impugned order dated 27.8.2014 passed by the respondent No. 1 pursuant to the absolutely illegal and arbitrary orders dated 2.8.2014 passed by the learned Special Judge (Gangster Act), Gautam Budh Nagar and learned Third A.C.J.M., Gautam Budh Nagar is also liable to be set aside. In support of his submissions learned counsel for the petitioners has placed reliance on State of Maharashtra and others v. Saeed Sohail Sheikh and others, AIR 2013 (SC) 168.

7. Per contra, learned A.G.A. made his submissions in support of the impugned orders and submitted that the orders impugned by the petitioners are purely administrative in nature and since no prejudice has been caused to the petitioners by the aforesaid orders, no opportunity of hearing was required to be given to them before passing the same and the present writ petition which is