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. 574/72 from the Court of Tehsildar,. Dhampur to any other competent Court having jurisdiction in the matter. The learned Counsels Shri Santosh Tripathi appeared for the applicant and Shri. Bodh Lal Shukla appeared for opposite party No. 1 before the Court and stated the facts and law related to the case. Shri. Santosh Tripathi requested the Court to concede the prayer of the applicant as mentioned in the Transfer Application.
2. The learned Counsel for opposite party No. 1 stated before the Court that the applicant had also filed two Transfer Applications one under section 192 of the L.R Act, 1901 before the learned District Collector, Bijnor and another under section 191 of the L.R Act, 1901 before the learned Additional Commissioner, Moradabad Division, Moradabad.
3. The learned Counsel for the opposite party presented before Court the photocopies of the certified copies of the orders passed by the learned District Collector, Bijnor on 31.10.2007 and by the learned Additional Commissioner, Moradabad on 4.1.2008 in support of his contention. The learned Counsel for the applicant also conceded before the Court that the aforementioned Transfer Applications were rejected, both by the learned District Collector, Bijnor and also by the learned Additional Commissioner, Moradabad after hearing the parties, as both the learned Courts came to the conclusion that the grounds for transfer are not sufficient to allow the Transfer Application filed before them.
4. Therefore, the applicant has now moved a second Transfer 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, Dhampur to any other competent Court having jurisdiction in the district of Bijnor.
5. As this Transfer Application is the second Transfer Application under section 191 of the L.R Act, 1901 and third, if the Transfer Application under section 192 of the L.R Act, 1901 is also taken into account, on the same cause of action and also on the same grounds and therefore, this Transfer Application is not tenable in the eyes of law and hence in the interest of justice is fit to be rejected, being the second Transfer Application under section 191 of the U.P Land Revenue Act, 1901. If such Transfer Applications are entertained which are based on the same cause of action and also on the same grounds by Courts of competent and concurrent jurisdiction then it would amount to gross abuse of the process of law and therefore, travesty of justice. This Court cannot allow litigants to get encouragement by filing such multiple Transfer Applications to unnecessarily delay the proceedings before the lower Courts on frivolous grounds.
6. The application is dismissed with the liberty to the applicant to file afresh a Revision under section 219 of the U.P Land Revenue Act, 1901 against the order of the learned Addl. Commissioner, Moradabad, passed on 4.1.2008 or of the learned District Collector, Bijnor, passed on 31.10.2007, if the applicant is aggrieved by the order of the learned Addl. Commissioner, Moradabad or of the learned District Collector, Bijnor or by both the orders, in accordance with law.
7. The application is disposed of accordingly. File to be consigned.
8. Application Disposed Of.