This order dismisses a writ petition challenging the dismissal of a transfer application, holding that frequent dating and alleged bias do not justify transfer and that alternative remedies exist.
Writ petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1322/2020
Banshi S/o Shri Kana, Aged About 80 Years, By Caste Haryana Brahmin, R/o Village Keshopura, Tehsil Sanganer, District Jaipur.
----Petitioner
Versus
(2 of 3)
[CW-1322/2020]
----Respondents
For Petitioner(s) : Mr. R.K. Gouttam For Respondent(s) : Mr. Ashish Sharma
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
10/02/2020
This writ petition has been filed by the petitioner challenging the order dated 11.12.2019 passed by the Board of Revenue whereby the transfer application filed by the petitioner for transfer of Appeal No.417/2016 pending before the Revenue Appellate Authority was dismissed.
Counsel for the petitioner submitted that the Revenue Appellate Authority is giving frequent dates in the matter and the petitioner has seen the respondent sitting in the chamber of the Presiding Officer. Counsel further submits that the Revenue
(3 of 3)
[CW-1322/2020]
Appellate Authority agreed to transfer the matter to any other court.
Counsel appearing on behalf of the respondents opposed the writ petition and submitted that the petitioner wants to delay the proceedings pending before the Revenue Appellate Authority.
Heard counsel for the parties and perused the record.
This writ petition filed by the petitioner deserves to be dismissed for the reasons; firstly, mere giving of frequent dates in the proceedings cannot be said to be a ground for transferring the matter to any other Court; secondly, the petitioner is having remedy of appeal against the final order passed by the Revenue Appellate Authority.
In that view of the matter, the writ petition stands dismissed.
(INDERJEET SINGH),J
Jyoti/124
2 issues framed by the court
Whether frequent dating and alleged bias justify transfer of appeal from Revenue Appellate Authority?
Whether an appeal against the final order provides a sufficient alternative remedy to file a writ petition?
Banshi S/o Shri Kana
Shri Birbal Singh Shekhawat
Hanuman S/o Kanaram
Gopal Adopted S/o Bodya
Mangi S/o Bodya
Jamna Devi W/o Bhorilal
INDERJEET SINGH
As recorded by the court registry
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