Transfer of case in revenue courts
gaurav
(Querist) 12 October 2013
This query is : Resolved
very sorry to learn that mr barman didnt get my point.I said i am clear about transfer to concurrent court, but what about transfer to higher court of sdm.its not clear from ruling
prabhakar singh
(Expert) 12 October 2013
Why have opened a new thread?
Remaining in old thread may provide opportunity to entertain your query also by other experts.
Rajendra K Goyal
(Expert) 12 October 2013
Unable to remember the contents of old thread, post in old thread.
gaurav
(Querist) 23 November 2013
as Mr nanda wanted clear query, its here. I want to transfer my case from naib tehsildar to higher court of sdm. MR. sharma had told here it could be done by applying to DM. But there was a judgement by mr bhosreddy in 2008 in a bijnor case which made transfer to concurrent court illegal in uttar pradesh.(ie transfer of case from one naib tehsildar to another). Does it apply in transfer of case to higher court. that order is :Revenue Board delivers landmark judgment
Arvind Singh Bisht, TNN Sep 12, 2008, 04.51am IST
LUCKNOW: In a ruling of far-reaching consequences, the Revenue Board court has declared filing of transfer applications under provisions of the Land Revenue (LR) Act to different courts as 'illegal'.
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The above ruling was given by member, judicial, Revenue Board, Sanjay Bhoosreddy in a case of Sudhir Tyagi vs Poonam Tyagi of Bijnor, over the title of land. The case came before the Revenue Board after being tossed at various levels, ranging from naib-tehsildar to district magistrate, Bijnor and commissioner, Moradabad division.
While dismissing the application, the court observed if transfer applications under sections 191/192 of the LR Act were entertained on the same grounds by courts of competent and concurrent jurisdiction it would amount to gross abuse of the process of the law. Thus, litigants could not be allowed to have the liberty of misusing provisions of the law to delay proceedings before lower courts on frivolous grounds by filing multiple transfer applications.
In accordance to provisions of the LR Act, transfer applications can be moved under its procedural sections of 191 and 192. These sections are invoked in case the petitioner thinks that he or she would not get the justice from a particular court due to various reasons, including that of prejudices, or undue pressure. This is why the provision for transfer of applications to similar court or superior
