Kailash Solanki vs State Of Rajasthan
2021 Latest Caselaw 18485 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 625/2021

Kailash Solanki S/o Hakkma Ram, Aged About 34 Years, Ramdev Colony, Near Government School, Jalore Rajasthan.

----Appellant Versus

1. State Of Rajasthan, Through The Secretary Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

2. The District Collector, Jalore.

3. The Tehsildar (Land Record), Jalore, District Jalore, Rajasthan.

                                                                  ----Respondents


For Appellant(s)           :     Mr. Girish Sankhala
For Respondent(s)          :     Mr. Sunil Beniwal, AAG



              HON'BLE MR. JUSTICE SANDEEP MEHTA
                HON'BLE MR. JUSTICE SAMEER JAIN

                                  Judgment

06/12/2021

By way of this special appeal (writ), the appellant writ

petitioner has approached this court to assail the order dated

27.10.2021 passed by the learned Single Bench of this court in

S.B. Civil Writ Petition No.13444/2021, whereby the petition

preferred by the petitioner for assailing the transfer order dated

15.09.2021 (Annex.5) was disposed of with the following

direction:-

"5. Be that as it may. Considering the submissions of Mr. Mrigraj Singh that work of the Patwari presently working at Patwar Mandal, Elana is not over and until her work is completed, she cannot be posted there, the present writ petition is disposed of with a direction to

(2 of 4) [SAW-625/2021]

the respondents to either provide posting to the petitioner at Jalore-C or any other vacant post nearby Jalore Elana. Requisite order in this regard be passed by the District Collector within a period of 10 days from today."

Learned counsel Mr. Sankhala drew the court's

attention to the order dated 15.09.2021 passed by the Board of

Revenue, whereby the petitioner, a Patwari posted at Patwar

Mandal Jalore - C, Tehsil Jalore was transferred to Patwar Mandal

Elana, Tehsil Jalore. He points out that in compliance of the Board

of Revenue's order, the District Collector (Land Record), Jalore

directed the petitioner vide order dated 20.09.2021 to report to

the Tehsildar (Land Record), Jalore, who in turn issued the order

dated 21.09.2021 directing the petitioner to take charge of the

Patwar Mandal "Bhagli Singhlan". Mr. Sankhala submits that the

learned Single Bench while deciding the writ petition of the

petitioner has observed that some other Patwari was working at

the Patwar Mandal Elana and thus, she could not be removed from

the said post and in this view of the matter, the District Collector

(Land Record) has been given a direction to post the petitioner at

any other nearby place. Mr. Sankhala submits that the learned

Government Counsel, while presenting the matter in this court

misconstrued the directions given by the Board of Revenue in the

order Annex.5 dated 15.09.2021, wherein the following note was

appended:-

3- mDr uohu inLFkkfir dkfeZdksa ds LFkku ij ;fn iwoZ ls gh dksbZ dkfeZd orZeku esa dk;Zjr gks rks ,slh fLFkfr esa iwoZ dk;Zjr dkfeZd dks ftys esa orZeku inLFkkiu

(3 of 4) [SAW-625/2021]

LFkku ds ;FkklaHko lehiLFk LFkkukarfjr dj mDr avkns'k dh ikyuk lqfuf'pr dh tkosa A Mr. Sankhala submits that without any doubt, the

Patwaris transferred vide the order dated 15.09.2021 were

required to be posted at the place of transfer, whereas in a

situation where another Patwari was already working on that post,

that latter was to be posted at a nearby place. As per Mr.

Sankhala, the direction given by the learned Single Bench is

totally converse to the above-mentioned note in the transfer order

Annex.5 and thus, the order passed by the learned Single Bench is

illegal and the same deserves to be quashed.

Mr. Sunil Beniwal, learned AAG, has placed on record a

copy of the order dated 03.11.2021, by which, acting in

compliance of the order passed by the learned Single Bench, the

petitioner has been provided posting at the Patwar Mandal

Dangra.

Be that as it may. Having heard and considered the

submissions advanced by the learned counsel for the parties and

after going through the documents placed on record, we are of the

view that the direction referred to above, which has been given by

the learned Single Bench while deciding the writ petition of the

petitioner is totally reverse to the note 3 appended below the

transfer order Annex.5 (supra). There is no quarrel with the

proposition that only the Board of Revenue has jurisdiction to

transfer a Patwari and that the Tehsildar (Land Record) has

jurisdiction to do so. Manifestly, thus, the order Annex.7 dated

21.09.2021, whereby the Tehsildar (Land Record) posted the

petitioner at the Patwar Mandal Bhagli Singhlan, was totally

(4 of 4) [SAW-625/2021]

without jurisdiction. The Board of Revenue, while passing the

transfer order has accounted for a situation, where some other

officer may already be working at the place, where the Patwari

transferred under the order dated 15.09.2021 is to join. In order

to reconcile the situation, the Board directed vide note No.3

(supra) that the person posted at the place would then be shifted

to the nearest Patwar Mandal and compliance of the order dated

15.09.2021 would be ensured. Therefore, by effect of the order

dated 15.09.2021, the petitioner was required to be given charge

of Patwari, Patwar Mandal Elana, District Jalore, whereas the

Patwari already working there was required to be provided posted

at a nearby place.

In view of the above discussion, it is clear that the

impugned order dated 27.10.2021 suffers from an error apparent

on the face of the record. Accordingly, the same is set aside. The

respondents shall forthwith and within a period of 15 days from

today ensure that the petitioner is allowed to join on the post of

Patwari, Patwar Mandal Elana, Tehsil, Jalore, District Jalore. The

Patwari already working at that place may be provided posting at

a nearby place in accordance with note 3 appended under the

order dated 15.09.2021 reproduced supra.

The appeal is allowed in these terms. No order as to

costs.

                                   (SAMEER JAIN),J                                         (SANDEEP MEHTA),J


                                    74-Pramod/-









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