Sahil and Others vs Board of Revenue and Others

Ajay Rastogi, J.—Petitioner-Plaintiff filed a revenue suit Under Sections 88, 89 & 189 of Rajasthan Tenancy Act seeking correction of entries and permanent injunction along with application u/s 212 of the Act for grant of interim relief. It appears from the record that the revenue suit was initially filed before the Court of Sub-Divisional Officer, Kishangarhbas. After the proceedings were initiated for sometime the Petitioner filed application u/s 233 of the Act seeking transfer of his case from Kishangarhbas to any other place. Taking note of the submissions and the material which might have come on record his revenue suit was transferred from Sub-Divisional Officer, Kishangarhbas to Sub-Divisional Officer, Ramgarh obviously at the request of the Petitioners. While proceedings were pending before the Sub-Divisional Officer, Ramgarh the Petitioner again filed application u/s 233 of the Act for transfer of the revenue suit elsewhere and what has been contended and taken note of by the Board of Revenue regarding alleged apprehension shown by the Petitioner is on the premise that one of the Defendant-Respondent is Sarpanch of Gram Panchayat Daulat Nagar and her father-inlaw is Panchayat Secretary who is having close relation with the Presiding Officer and on that account the Presiding Officer is giving short adjournments and the Petitioners feel that they may not get justice.

Taking note of the alleged apprehension the learned Board of Revenue was not convinced to further transfer the revenue suit filed by the Petitioner and has recorded that Petitioners are habitual in making unfounded complaints. However, the Board has observed that earlier transfer of revenue suit was sought by the Petitioner from Kishangarhbas to Ramgarh and it was not disclosed by him while filing present application which is considered to be a material concealment.

This Court has heard the counsel for Petitioner and also perused the material on record.

Counsel contends that Presiding Officer is a close relative of one of the Defendant who is Sarpanch of Gram Panchayat and her father-in-law is Panchayat Secretary and the Officer is giving short adjournments and the Petitioners have apprehension that they may not get justice in the matter for the aforesaid reasons.

Mere apprehension in itself is not sufficient to transfer the matter unless prima facie material comes on record and this fact cannot be ruled out that the matter is always to be decided in accordance with law and there must be fair justice in the matter. However, the apprehension shown by the Petitioners and taken note of by the Board of Revenue, in the opinion of this Court is completely ill-founded and has no factual foundation which may be taken note of by this Court in accepting the application filed by the Petitioner seeking transfer of revenue suit. This Court at this stage would like to observe that seeking transfer from one court to another merely on such apprehension without any basis & imputing malice against the officer is to be avoided.

Consequently, this Court does not find any substance in the instant petition and the same stands dismissed.