Rajasthan High Court - Jodhpur
Kulpreet Kaur vs State Of Rajasthan (2025:Rj-Jd:6113) on 30 January, 2025
[2025:RJ-JD:6113]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2756/2025
Kulpreet Kaur W/o Sarvjeet Singh, Aged About 35 Years,
Resident Of Vpo Luhara, Tehsil Gajsinghpur, District
Sriganganagar (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Land Revenue, Secretariat, Jaipur (Raj.).
2. District Collector (Land Revenue), Sriganganagar (Raj.).
----Respondents
For Petitioner(s) : Mr. Himmat Jaga
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
30/01/2025
1. Under challenge herein is an order dated 15.01.2025
(Annex.-2), vide which, petitioner has been transferred from
Patwar Circle Sangrana, Tehsil Gajsinghpur to LRP, Padampur.
2. The petitioner is currently posted as a Patwari at Patwar
Circle Sangrana, Tehsil Gajsinghpur. She was posted there only in
2024.
3. Learned counsel for the petitioner argues that the impugned
transfer order dated 15.01.2024 is contrary to the Circular dated
30.10.1993 issued by the State Government. No reasons,
whatsoever, or satisfaction note was recorded before passing
transfer orders. The transfer order is in violation of the provisions
of Rule 9 and 412 of the Rules of 1957. Moreover, by the
[2025:RJ-JD:6113] (2 of 3) [CW-2756/2025]
impugned transfer order, the petitioner has been transferred
within a year.
3.1. The petitioner is a mother of a child aged four and a half
years and there is no one in family except the petitioner to
lookafter the minor.
4. Heard learned counsel for the petitioner and perused the
case file.
5. My attention has also been drawn to Rules 9 and 412 of the
Rajasthan Land Revenue (Land Records) Rules, 1957, which are
self speaking and read as under:-
"9. Transfers. -
(i) The Collector may transfer a Patwari from one circle or tehsil to
another in his own district: but no transfer of a Patwari from one
district to another shall be made without the sanction of the Member,
Land Records, Board of Revenue. Transfers from one Division to
Another will be sanctioned by the Board of Revenue. The Sub-
Divisional Officers are also empowered to transfer a Patwari from one
circle to another in the same tehsil or to another tehsil in their sub-
division on sufficient grounds.
Provided that if a Patwari is transferred out of the district on his
own request he shall rank junior to existing Patwar is of that district.
(ia) The Sub-Divisional Officer may transfer a Patwari anywhere
within the Sub-Division and the Collector may transfer a Patwari
anywhere within the District:
Provided that the State Government may direct the Collector for
the transfer of a Patwari anywhere within the District.
(ib) The Divisional Commissioner may transfer a Patwari anywhere
within the Division and the Board of Revenue may transfer a Patwari
anywhere within the State:
Provided that the State Government may direct the Divisional
Commissioner for the transfer of a Patwari anywhere within the
Division or the Board of Revenue for the transfer of a Patwari
anywhere within the State.
(emphasis supplied)
(ii) Transfers of patwaris should not be made unless the officer has
satisfied himself that such transfer is necessary in the interest of
efficiency of work or to fill up vacancy created by long leave,
resignation, dismissal, suspension or transfer of a Patwari. The
Patwari going on transfer shall have to complete all his record and
clear all his work in arrear before handling over charge to his
successor. The Tehsildar may, with the approval of the Sub-Divisional
Officer, get the incomplete record completed by employing extra staff
and paying such staff by deducting the required amount from the salary
[2025:RJ-JD:6113] (3 of 3) [CW-2756/2025]
of the negligent Patwari. The unsatisfactory work or conduct of a
Patwari should not be a ground for his transfer but for penal action.
412. Administrative matters pertaining to Patwaris. -
The Collectors are solely responsible for the appointment, transfer and
discipline of Patwaris. Transfer of Patwaris are ordinarily undesirable
and should on no account be made to suit the convenience of
individuals. They can only be made under the conditions given in
paragraph 9 and these conditions should be strictly observed. In order
to avoid unnecessary transfers, Patwaris picked out for transfer, should,
so far as possible be exchanged with one another rather than with other
Patwaris. Transfers by way of punishment are not contemplated by law.
Moreover, a transfer is hardly a substitute for punishment."
6. In light of aforesaid, reference may be had to a judgment
rendered in the case of Rajpal Singh Vs. State of Rajasthan &
Ors. (S.B. Civil Writ Petition No. 544/2021), decided on
18.03.2021 wherein similar issue was involved. A coordinate
Bench of this Court observed therein that unless a satisfaction
note is recorded by the competent authority, it would amount to
an indiscriminate exercise of the power of transfer of a Patwari. In
the case of the petitioner, no such satisfaction was recorded or
conveyed to the petitioner. Being relevant, Para No.26 of the
judgment, ibid, is reproduced herein below:
"26. In the present case, neither such satisfaction has been recorded,
nor the State has brought on record such satisfaction arrived at by
competent authority, before making extensive, rather indiscriminate
exercise of moving Patwaris."
7. I am in agreement with the view taken in the judgment ibid.
Consequently, the petition is allowed. Impugned order dated
15.01.2025, qua the petitioner, is set aside with liberty to the
respondents to pass fresh transfer orders in accordance with law.
8. Pending application(s), if any, stand(s) disposed of.
(ARUN MONGA),J
303-AK Chouhan/-
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