CW 2764/10 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.2764/10 Tejpal Yadav Versus Board of Revenue & Ors. DATE OF ORDER : 12/03/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sunil Kumar Sharma, for petitioner *** Instant petition is directed against the order of Board of Revenue dt.17th February, 2010 while accepting application filed by plaintiff- non-petitioner u/s.233 the appeal pending before RAA has been transferred from Jaipur to Ajmer vide order impugned. Plaintiff-non-petitioner No.2 filed a suit for declaration, eviction & permanent injunction before Sub Division, Jaipur II in 2007. However, the suit was decreed on 24th March, 2009. Against which the petitioner preferred appeal before Revenue Appellate Authority. Pending appeal, the plaintiff-non-petitioner submitted application for transfer of appeal pending before Revenue Appellate Authority, before the Board of Revenue u/s.233 of the Act. The comments were called by the Board for taking further action and on four occasions letter was sent, but for one or other reason, no comments came from Presiding Officer. Taking note of the material came on record, the Board of Revenue considered appropriate to transfer the matter from RAA, Jaipur to Ajmer. CW 2764/10 [2] Counsel submits that note-sheet, of which reference has been made in the order impugned, to call comments from Presiding Officer, RAA, Jaipur was never received in his office and in absence of para-wise comments being received, there could not be said to be any prima facie justification available before the authority to transfer the appeal from Jaipur to Ajmer. It appears from the note-sheet, of which reference has been made, that comments were called by giving dasti notice and thereafter, the matter came on 1st February & 8th February, 2010 for seeking comments, but, as alleged, that it was not received in the office of Presiding Officer. But, the Board of Revenue on the basis of record considered it appropriate to transfer the matter. This Court does not find any manifest error in taking decision to transfer pending appeal from RAA, Jaipur to Ajmer. The writ petition is devoid of merit and accordingly, dismissed. [AJAY RASTOGI], J. FRBOHRA2764CW2010 12-03.doc