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VIVEK BHARTI SHARMA
Jagjeet Singh – Appellant
Versus
Balvinder Singh – Respondent
JUDGMENT :
Vivek Bharti Sharma, J.
This petition under Article 227 of the Constitution of India has been filed by the petitioner to quash the impugned order dated 27.01.2023 passed by learned Chairman, Board of Revenue, Uttarakhand, Dehradun, in Transfer Application No. 15 of 2022-23 ‘Balvinder Singh and Others Vs. Jagjeet Singh and Others’, whereby the Chairman, Board of Revenue, Uttarakhand, Dehradun has transferred the Second Appeal No. 16 of 2021-22 to the Board of Revenue, Circuit Bench, Dehradun from Board of Revenue, Circuit Bench, Nainital.
2. Facts of the case are that the petitioner filed a suit under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, which was dismissed by the order dated 20.09.2019; that, feeling aggrieved, the petitioner preferred an appeal before the Additional Commissioner, Kumaon Nainital, which was allowed vide order dated 03.08.2021. Feeling aggrieved by the said order, the respondent nos.1 and 2 preferred Second Appeal No. 16 of 2021-22 before the Board of Revenue, Uttarakhand, Circuit Bench, Nainital against the petitioner; that, during pendency of the said appeal, the respondent nos. 1 & 2 moved an application befor
The court emphasized the necessity of providing equal access to justice and the importance of justifying transfers of cases based on the convenience of the parties involved.
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 ....
Reading of section 260A(1) would go to show that an appeal shall lie to the High Court from “every order” passed in appeal by the Tribunal if the High Court is satisfied that the case involves a subs....
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.
The judgment emphasized the need for clarifying the territorial jurisdiction of High Courts under Article 226(2) in relation to challenges against orders passed by the Chairman, CAT, Principal Bench,....
Transfer applications must be based on genuine grounds; repeated applications causing undue delay in proceedings are unjustified.
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