CW 9697/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.9697/08 Poora Ram Vs. Board of Revenue & Ors. DATE OF ORDER : 06/03/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. P.L. Sharma, for petitioner Mr. Manoj Bhardwaj, for respondents *** Instant petition has been filed assailing order of Board of Revenue Ann.2 dt.26th August, 2008 whereby application filed by the petitioner seeking transfer of his case from Court of Revenue Appellate Authority, Sikar to some other Court, was rejected. Petitioner & contesting respondents are members of same family. However, appeal arises from revenue suit is pending before the Court of Revenue Appellate Authority, Sikar. Petitioner earlier apprehended that he will not get justice by the Presiding Officer and alleged some allegations - on account of which he sought transfer of his case from Court of Revenue Appellate Authority, Sikar to some other Court. Application filed by petitioner before Board of Revenue was dismissed on 1st October, 2007. Thereafter, he again moved fresh transfer application after the Presiding Officer was changed that too was dismissed by the Board of Revenue under order impugned dt.26th August, 2008. CW 9697/08 [2] It will be relevant to mention that when earlier application was dismissed in October, 2007, Mr. M.D. Detha was Presiding Officer and later on Shri Suwalal was Presiding Officer, who as informed is presently working as Revenue Appellate Authority. It appears from the record that petitioner has apprehended that he will not get justice because the contesting respondents are influential people, but that cannot be a ground to transfer the case and it is expected that Presiding Officer will always decide the matter in accordance with law and certainly will not be influenced by the litigant in any manner. It is true that if there is a cogent material on record, certainly matter can be transferred, but should not be taken lightly and the power should be sparingly exercised in the facts of given case. After going through the order of Board of Revenue, this court does not find any error which may call for interference. Consequently, writ petition stands dismissed. [AJAY RASTOGI], J. FRBOHRA9697CW08 6-3.doc