RAJES KUMAR, J. - (1.) HEARD Sri P.S. Chauhan, learned Counsel for the petition­ers, Sri Madhusudan Dikshit, learned Counsel appearing on behalf of respon­dents No. 2 and 3 and learned Standing Counsel.
(2.) WITH the consent of the parties, writ petition is disposed of at this stage. By means of present petition, petitioners are challenging the order of the Chairman, Board of Revenue dated 21.8.2008 by which he has directed the District Magistrate, Saharanpur to transfer the case No. 102/2007-2008 from the pres­ent Sub Divisional Magistrate to some other Sub Divisional Magistrate.
(3.) LEARNED Counsel for the petition­ers submitted that earlier, respondents have moved transfer application before the Additional Commissioner which has been rejected vide order dated 2.5.2008, Annex-ure-6 to the writ petition. Thereafter, con­cealing this fact, respondents filed transfer application before the Commissioner, who vide order dated 6.5.2008 stayed the proceeding and asked for the report. The said application is still pending. Now the re­spondents have moved third transfer application before the Board of Revenue and on the same day, Chairman, Board of Revenue without giving any opportunity of hearing directed the District Magistrate, Saharanpur to transfer the case to some other Sub-Divisional Magistrate. Learned Counsel for the petitioners further submit­ted that concealing the fact about the two earlier transfer applications, respondents have filed transfer application before the Board of Revenue and without giving op­portunity of hearing to the petitioners or­der has been passed.;