Heard learned counsel for the petitioner. Notice on behalf of the opposite parties No.1 and 2 has been accepted by the office of the Chief Standing Counsel.
By means of the instant petition, the petitioners prays for quashing of the order dated 29.01.2020 passed by the Board of Revenue in transfer application No.141/2020 in Case No.R2020086200141, a copy of which has been annexed as Annexure No.1.
The submission of the learned counsel for the petitioner is that the petitioner and the private-opposite parties are engaged in a litigation, which is pending since long. The matter was also brought before this Court in the earlier round wherein the Writ Petition No.9944 of 2019 (M/S) connected with Writ Petition No.10628 of 2019 (M/S) was decided by a common judgment dated 24.04.2019 directing the S.D.O., to decide the controversy expeditiously without granting unnecessary adjournment.
It is further submitted that in order to dilute the order passed by this Court regarding expeditious disposal while the matter was at the stage of final hearing, the private-opposite parties instituted a transfer application before the Board of Revenue wherein the impugned order dated 29.01.2020 was passed. It is further submitted that the aforesaid order was placed before the S.D.O., concerned only when the matter was fixed for final hearing and it is on 15.07.2020 that the petitioner became aware of the same. He has appeared before the Board of Revenue but submits that he has not filed his objections.
Considering the submissions of the learned counsel for the petitioner and from the perusal of the material on record, this Court is of the opinion that no gainful purpose will be served in keeping the petition pending. Since, the matter is already ceased by the Board of Revenue and even if the petitioner submits that the aforesaid order dated 29.01.2020 has been passed at the behest of the private-opposite parties, who have not brought the complete facts before the Board of Revenue, nevertheless it shall be open for the petitioner to move appropriate application bringing on record all facts before the Board of Revenue.In case such an application along with a prayer for vacation of the stay order or recall of the order dated 29.01.2020 is preferred before the Board of Revenue within a period of two weeks from today, then the Board of Revenue shall consider the same expeditiously after affording an opportunity of hearing to the parties and decide the same preferably within a period of three weeks thereafter.
Since, the order dated 29.01.2020 is interlocutory in nature, this Court does not deem fit to interfere at this stage and accordingly in view of the directions given above, the petition shall stand disposed of.
Order Date :- 13.1.2021 Rakesh/-