Rajasthan High Court - Jodhpur
Ashok Singh vs The State Of Rajasthan on 18 March, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 542/2021
Ashok Singh S/o Shri Awar Dan, Aged About 30 Years, R/o
Village And Post Charnwada, Tehsil Samdari, District Barmer,
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Revenue, Government Of Rajasthan,
Jaipur.
2. The Joint Secretary, Department Of Revenue (Group-1),
Jaipur.
3. The Chairman, Board Of Revenue, Ajmer.
4. The District Collector, Barmer, District Barmer.
5. Manish Kumar, At Present Holding The Post Of Patwari,
Patwar Mandal, Heera Ki Dhani, Teghsil Gida, District
Barmer.
----Respondents
For Petitioner(s) : Mr. Kuldeep Mathur
For Respondent(s) : Mr. Mrigraj Singh Rathore
Mr. Manish Patel
Mr. Hanuman Singh
JUSTICE DINESH MEHTA
Judgment
18/03/2021
1. By way of the present writ petition the petitioner has
questioned the action of the respondents, whereby he has been
moved out consequent to order dated 29.12.2020.
2. The precise facts relevant for the present writ petition are
that the petitioner - a Patwari was initially posted at Panchayat
Mandal Ramseen, Tehsil Pachpadra vide order dated 23.10.2020.
3. Soon thereafter, an order dated 29.12.2020 came to be
passed whereby one Manish Kumar Patwari - respondent No.5 has
(2 of 3) [CW-542/2021]
been transferred to Panchayat Mandal Ramseen, Tehsil Pachpadra,
District Barmer.
4. Mr. Mathur, learned counsel for the petitioner, invited Court's
attention towards the following note appended with the order
dated 29.12.2020 and argued that as per the note, the
respondent No.5 cannot directly join against the petitioner and he
is supposed to report to District Collector.
"uksV %& mDr LFkkukarj.k lwph esa ls ;fn fdlh dkfeZd ds LFkkukarfjr iVokj e.My
esa igys ls dksbZ iVokjh dk;Zjr gks rks ,sls dkfeZd ftyk dyDVj dk;kZy; esa
inLFkkiu djsaxsA"
5. He argued that as a consequence of this order, the petitioner
is being shunted out, without there being any order transferring
him.
6. Mr. Mrigraj Singh, learned counsel appearing for the
respondents, submitted that true it is, that the respondent No.5
cannot himself replace the petitioner and he is required to report
to the District Collector and invited Court's attention towards the
order dated 01.01.2021 passed by the District Collector, whereby
the respondent No.5 - Manish Kumar, Patwari has been ordered to
be relieved. He submitted that soon an order of appropriate
posting of the petitioner (within the district) will be passed in
order to give effect to transfer of respondent No.5. He submitted
that the order under challenge is well within the jurisdiction and
within the scope of Rule 9 of the Rules of 1957.
7. In view of the stand aforesaid, the present writ petition is
disposed of with a direction to the District Collector to provide
appropriate posting to the petitioner, within a period of seven days
from today. Till such order is passed, the petitioner will be allowed
(3 of 3) [CW-542/2021]
to continue at the present place of posting i.e. Patwar Mandal
Ramseen, Tehsil Pachpadra.
8. Stay application too stands disposed of accordingly.
(DINESH MEHTA),J
247-A.Arora/-
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