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VIVEK BHARTI SHARMA
Maheshanand – Appellant
Versus
Yatendra Singh Negi – Respondent
JUDGMENT :
(Vivek Bharti Sharma, J.) :
This petition under Article 227 of the Constitution of India has been filed by the petitioners to set-aside the impugned order dated 10.02.2023 passed by Chairman, Board of Revenue, Uttarakhand, Dehradun/respondent no. 3 in Transfer Application No. RN 461/BoR/2022-23 (Annexure No. 6), whereby the Chairman, Board of Revenue, Uttarakhand, Dehradun has ex-parte allowed the transfer application of the respondent nos.1 and 2 and called the entire record of the Revision No. 01 of 2022-23 pending before the Board of Revenue, Uttarakhand, Circuit Court Nainital to the Board of Revenue, Uttarakhand , Dehradun for its adjudication.
2. Learned counsel for the petitioners would submit that petitioners filed the Revision No.60 of 2022 in the court of Kumaun Commissioner, Nainital along with delay condonation application and stay application; that, notices were issued to the respondent nos.1 and 2 in the said revision; that, the learned Commissioner, Kumaun Division, vide its order dated 06.07.2022, allowed the delay condonation application; that, being aggrieved, respondent nos.1 and 2 filed a revision being Revision No.01/2022 before the Board of Revenue, U
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The Board of Revenue exceeded its jurisdiction by entertaining a revision against a non-meritorious permit to withdraw, as the underlying assistant collector's order remained unchallenged.
Administrative authorities cannot exercise the power to transfer assessment proceedings in a repetitive manner. Once a transfer order is invalidated, any subsequent attempt to transfer the same case ....
Revenue courts cannot adjudicate the legality and validity of a registered sale deed in summary proceedings, and there are exceptions under which a Writ petition may be entertained against orders pas....
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