SHRIKANT PUROHIT Vs. VINITA SRIVASTAVA AND ORS.

JUDGEMENT

(1.) THIS petition has been filed against the order dt. 03.11.2014, passed by the Board of Revenue, Ajmer (hereinafter "the Board") dismissing the transfer application filed under Sec. 233 of the Rajasthan Tenancy Act, 1955 (hereinafter "the Act of 1955") qua a civil appeal being heard by the Revenue Appellate Authority, Ajmer Camp Dudu (hereinafter "RAA"). Mr. Satya Narayan Kumawat, appearing for the petitioner has submitted that the respondents had themselves earlier filed an application for early hearing in the transfer petition stating that their appeal pending before the RAA, Ajmer Camp Dudu, transfer of which was sought by the petitioner before the Board, be transferred to another RAA. It is submitted that despite the agreement of the respondents as reflected in their application before the Board, the said transfer application has been dismissed by the Board. It is submitted that the civil misc. appeal at the instance of the respondents before the RAA, Ajmer Camp Dausa is deserving of transfer to another RAA in view of the collusion of the respondents with the Presiding Officer of the RAA, Ajmer Camp Dudu owing to which the petitioner as respondent in the said appeal has no hope of justice being rendered by the said RAA.

(2.) MR . Amit Singh Shekhawat, appearing for the respondents submits that the impugned order dt. 03.11.2014 is a legal and valid order passed by the Board correctly holding that a case cannot be transferred from one Court to another on mere apprehension of a litigating party without any substantive evidence of wrong doing or bias of the Presiding Officer. Counsel submits that were it so, the very administration of justice would be stalled and litigants left free to seek transfer of cases on their mere whim and caprice and this would delay adjudications beyond control. As regard the application purportedly moved by the respondents before the Board agreeing that the matter be transferred to another RAA, counsel submits that he has no information about the said application having been filed by the respondents before the Board but in any event the Board was not bound even by consent and addressed the transfer application on merits.

(3.) FIRST on the issue of purported application filed by the respondents before the Board seeking transfer of their appeal to another RAA from the RAA, Ajmer Camp Dudu. In my considered opinion, transfer of a case cannot be made on the mere agreement of the parties. For a transfer there have to be good, genuine grounds pleaded and prima facie established. Administration of justice would be wrecked, if transfers of cases are made without good cause as a transfer willy -nilly impacts the image of the Presiding Officer more so when allegations of bias are made against him, as in the present case against the RAA, Ajmer Camp Dudu. The image of a Presiding Officer cannot be left in the hands of the litigants and the transfer of a case can only be made for good grounds. From the facts on record, it is clear that except for the apprehension of the petitioner with regard to the perceived partiality by the RAA, Ajmer Camp Dudu, there is no material or circumstance to substantiate the said allegation. The Board in the circumstances has rightly exercised its discretion in protecting its subordinate Court. There is no reason whatsoever to interfere with the impugned order. The writ petition is without force.