Sanjay Bhoosreddy, Member:— This transfer application has been filed under section 191 of Land Revenue Act, 1901 with the prayer to transfer the case No. 239 of 2007 from the Court of Tehsildar (judicial), Nakud to any other competent Court having jurisdiction in the matter. The learned Counsel for the applicant Shri Ashutosh Kumar Srivastava appeared before the Court and requested the Court to concede the prayer as mentioned in the transfer application.
2. On perusal of the file, it is evident that the applicant had also filed a transfer application under section 191 of the L.R Act, 1901 before the learned Commissioner, Saharanpur Division, Saharanpur which was rejected by the learned Commissioner, Saharanpur after hearing the parties, as the learned Commissioner came to the conclusion that the grounds for transfer are not sufficient to allow the transfer application.
3. The learned Counsel for the applicant also conceded before the Court that as per Annexure No. 5, they had moved before the learned Commissioner but the same was rejected by the learned Commissioner, Saharanpur. Therefore, they have moved another application under section 191, of the L.R Act, 1901 before the Hon'ble Board of Revenue to transfer the case from the Court of Tehsildar (Judicial), Nakud to any other competent Court.
4. As this application under section 191 of the L.R Act, 1901 is the second application on the same cause of action and also on the same ground, this application is not tenable in the eyes of law and therefore, rejected being the second application under section 191 of the U.P Land Revenue Act, 1901. The application is dismissed with the liberty to file afresh Revision under section 219 of the U.P Land Revenue. Act, 1901 against the order of the learned Commissioner, Saharanpur passed on March 19, 2008 as per law.
5. The application is disposed of accordingly. File to be consigned.
6. Application Disposed Of.