MUKHTAR ALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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:-