1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2127 of 2009 (M/S) 1. Shri Himmat Singh Rawat son of late Shri Moti Singh 2. Shri Narendra Pratap Singh Rawat son of late Shri Moti Singh 3. Shri Dharmendra Singh son of late Shri Moti Singh 4. Shri Brijendra Singh Rawat son of late Shri Moti Singh. All residents of Village Ajabpur Kala, Pargana Kendriyadoon, District Dehradun. ……Petitioners. Versus 1. State of Uttarakhand through Collector, Dehradun. 2. Shri Ashish Rawat son of Shri Balbir Singh Rawat 3. Smt. Nirmala Devi wife of late Shri Balbir Singh Rawat 4. Smt. Manju Rawat wife of Shri Surendra Singh Rawat daughter of Shri Bharat Singh Rawat 5. Smt. Indu Jadon wife of Shri Devendra Singh Jadon 6. Smt. Shubha Negi wife of Shri Vikram Singh Negi 7. Smt. Bhavna Chauhan wife of Vikram Singh Chauhan Respondent nos. 2 to 7 residents of Village Ajabpur Kala, Pargana Kendriyadoon, District Dehradun. 8. Nagar Nigam Dehradun through its Chief Nagar Officer, Nagar Nigam, Dehradun. …..Respondents. Sri Devesh Bishnoi, Advocate for the petitioners. Sri R.C. Arya, Brief Holder for the State/respondent no. 1. Sri Tapan Singh, Advocate, holding brief for Sri Lok Pal Singh for the caveater-respondent no. 2. Sri H.S. Dhillon, Advocate, holding brief for Sri S.S. Chauhan, Advocate for the respondent no. 8. Date:- December 16, 2009 Hon’ble B.S. Verma J. Heard learned counsel for the parties. By means of this writ petition the petitioners have sought writ in the nature of certiorari for quashing the 2 Judgment and order dated 5.11.2009 passed by the Chief Revenue Commissioner Uttarakhand, Dehradun in Transfer Application No. 2 of 2008-09, Himmat Singh Rawat & others Vs. Ashish Rawar & others whereby the transfer application moved by the petitioners has been rejected. Brief facts giving rise to the present writ petition are that a transfer application had been moved by the petitioners before the Chief Revenue Commissioner, Dehradun on the ground that service was effected on the respondents in second appeal on 22.4.2009. According to the petitioners, due to the influence of respondent nos. 2 to 7 the Additional Commissioner, Garhwal Division, Puri had decided the first appeal in favour of the respondents without affording any opportunity of hearing to the petitioners. The respondents are saying that they will again manage to get the order in their favour by the second appellate court, i.e., Additional Chief Revenue Commissioner. The Chief Revenue Commissioner, Dehradun after examining the record of second appeal has given finding that on the fixed dated 22.4.2009, the advocate of appellants filed adjournment application which was not opposed by the advocate of opposite party. On this the Additional Chief Revenue Commissioner fixed date 6.5.2009 for hearing. The Chief Revenue Commissioner further held that there is no evidence available on record which shows that the Additional Chief Revenue Commissioner is taking any additional interest or adopting undue haste in disposal of the appeal. It has also been held that generally when suit is matured for final hearing, it should be decided as early as possible in the interest of the parties. Accordingly the transfer application was rejected on account of having no good ground for transfer of the case. 3 I have perused the impugned order as well as the other materials placed on record. The petitioners have failed to establish the case before this Court as well as the before the Chief Revenue Commissioner that the Additional Chief Revenue Commissioner is taking any additional interest or adopting undue haste in disposal of the second appeal. Mere on the basis of the statements that the respondents are saying that they will again manage to get the order in their favour by the second appellate court, i.e., Additional Chief Revenue Commissioner, the appeal cannot be transferred. Therefore, the writ petition is devoid of merit and the same is liable to be dismissed. The writ petition is dismissed in limine. All the pending applications stand disposed of accordingly. (B.S. Verma, J.) 16.12.2009 RMY