MAHESHANAND Vs. YATENDRA SINGH NEGI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the petitioners to set-aside the impugned order dtd. 10/2/2023 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 dtd. 6/7/2022, 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, Uttarakhand, Circuit Court, Nainital; that in the revision filed by the respondent nos.1 and 2, notices were issued to the petitioners whereupon the petitioners put their appearance through their counsel and the revision was proceeded for hearing.

(3.) He would further submit that meanwhile, on 10/2/2023, respondent nos.1 and 2 filed a transfer application before the Chairman, Board of Revenue, Uttarakhand, Dehradun with a prayer to transfer the Revision no.01/2022 from the Board of Revenue, Uttarakhand, Circuit Bench Nainital to Board of Revenue at Dehradun; that, the Chairman, Board of Revenue Uttarakhand, Dehradun, by the impugned order dtd. 10/2/2023, allowed the transfer application; that, pursuant to the impugned order, the entire record of Revision No.01 of 2022 filed by the respondent nos.1 and 2 has been transferred to the Board of Revenue, Dehradun.