Uttarakhand High Court
26 August vs Ramesh & Others on 26 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:7606
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 2247 of 2024
26 August, 2025
Sher Bahadur & another
--Petitioners
Versus
Ramesh & others
--Respondents
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Presence:-
Mr. Vinay Bhatt, learned counsel for the petitioners.
Mr. K.S. Mehta, learned Additional C.S.C. for the State.
Mr. Lalit Sharma, learned counsel for respondent nos.1 & 5.
Ms. Anjali Bhargava, learned counsel for respondent no.10.
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Hon'ble Pankaj Purohit, J.
This writ petition preferred under Article 227 of
the Constitution of India is filed assailing the order dated
14.08.2024 passed by Chairman, Board of Revenue,
Dehradun on transfer application bearing no.Nil of 2024
filed by petitioners for transfer of their Second Appeals
bearing Nos.160/2015-16 and 44 of 2015-16.
2. Facts in nutshell are that there has been a land
dispute between the petitioners and the private
respondents regarding Khata No.10 measuring about 63
bigha 15 biswa. Regarding the aforesaid property there had
been a long standing litigation for which several suits as
well as revision and appeal had been filed. Challenging the
proceedings of all those appeals as well as the revisions,
the matter was carried before Board of Revenue, which by
order dated 26.08.2022 directed for connecting all the
proceedings of the matters i.e. Appeal No.160 of 2016 and
Appeal No.44 of 2015-16 Swarna Singh vs. Ramesh Chand
as well as other connected cases those are Revision No.200
of 2014-15 Swarn Singh vs. Balvinder Singh, Revision
2025:UHC:7606
No.161/2015-16, Sher Bahadur Singh vs. Balbinder Singh,
Revision No.146 of 2014-15 Sher Bahadur vs. Ramesh
Chandra and Revision No.88 of 2020-21, Sher Bahadur vs.
Ramesh Chandra. Petitioners moved an application before
the Board of Revenue for transfer of two appeals as
mentioned in prayer clause of this judgment for
transferring the same from Principal Bench at Dehradun to
Circuit Bench, Nainital. The Board of Revenue by its order
dated 14.08.2024 has rejected the application moved by the
petitioners and directed the parties to submit their written
statements.
3. I have heard learned counsel for the parties and
gone through the material available on record. From
perusal of the order dated 14.08.2024, it transpires that
both the matters are at fag end of the hearing and
arguments have already been concluded and written
arguments are to be submitted by the parties. The transfer
application appears to have been filed with oblique reasons.
The principal Bench of Board of Revenue can very well
decide the cases sought to be transferred. It is oblique
motive of the petitioners to delay the final hearing of the
cases.
6. For the aforesaid reasons, there is no ground to
interfere with the impugned order passed by the Board of
Revenue. The writ petition fails and the same is dismissed.
7. Interim order dated 29.08.2024 is hereby
vacated.
8. Pending application, if any, stands disposed of
accordingly.
(Pankaj Purohit, J.)
26.08.2025
AK
