Mukhtar Ali vs State of Madhya Pradesh and Others

K.K. Lahoti, J.—The petitioner has filed the present petition challenging order (Annexure A-l) dated 3-9-2002, by which the petitioner who is a patwari, has been transferred from Patwari Halka No. 14, Tehsil Dewas to Tehsil Bagli on administrative ground.

This order has been assailed on the ground that the Collector, Land Records, Dewas has no authority to pass the transfer order as the petitioner was appointed by the Sub-Divisional Officer and he may be transferred within the Tehsil only. The respondents on notice have filed the return and it is stated that the Collector has authority to pass the transfer within the district. The transfer order has been issued by the competent authority. The petitioner was appointed as Patwari by the S.D.O., but his services may be transferred by the Collector within the district. He has been transferred by the Collector from Tehsil Dewas to Tehsil Bagli.

The appointment of the patwari is made by the Collector. The S.D.O. is exercising the power to appoint patwari in view of the delegation of the power by the Collector. Section 104 of Madhya Pradesh Land Revenue Code is relevant which reads as under:--

"104. (2) The Collector shall appoint one or more patwaris to . each patwari circle for the maintenance and correction of land records and for such other duties as the State Government may prescribe."

In view of Section 104 (2) of the Code, the Collector is appointing authority of the patwari and is empowered to transfer patwari from one Tehsil to another Tehsil within the district. The patwari will function as per directions of the Collector and may be posted in any Tehsil by the Collector.

In the aforesaid circumstances, the contention of the learned Counsel for petitioner that the patwari can not be transferred by the Collector as the appointing authority of the patwari is S.D.O. is misconceived and can not be accepted. Nothing could be pointed out by the learned Counsel for the petitioner to show that the Collector, respondent No. 2, was having no authority to transfer the petitioner from one Tehsil to another Tehsil.

In these circumstances, I do not find any merit in this petition warranting interference of this Court. Consequently, this petition is dismissed. However, the petitioner is allowed two weeks'' time to join at the transferred place.