MOTILAL MAHAJAN Vs. SANJU SHARMA

JUDGEMENT

(1.) This writ petition has been preferred against the order passed by the Board of Revenue dated 9.7.2019 whereby the application for seeking transfer of appeal pending before Settlement Officer cum Revenue Appellate Authority Alwar to any other RAA has been rejected.

(2.) Learned Counsel for the petitioner submits that the petitioner had moved an application to decide the application under Section 5 of the Limitation Act but same has not been decided by the learned RAA. Learned Counsel submits that a separate application was also moved in this respect for non-maintainability of the appeal but the same has also not been decided. Learned Counsel submits that the concerned RAA is bent upon to hear and decide the appeal itself and reference to Order 41 Rule 3-A C.P.C. to submit that application under Section 5 of the Limitation Act ought to be decided. Learned Counsel relies on judgment passed by Supreme Court in 2002(1) SCC 475 'Gagandeep Pratishthan Pvt. Ltd. and Ors. Vs. Mechano and Anr. whereby the Supreme Court has directed to decide application for condoning the delay first before deciding the appeal. Learned Counsel, therefore, submits that he had rightly moved an application for transfer of the case as the concerned RAA, Alwar was not following the law.

(3.) I have considered the submissions.