ARUN BHANSALI, J. - (1.) These writ petitions have been filed by the petitioners, who are working as Inspectors (LR) aggrieved against the orders dated 28.09.2019 passed by the Collector, Land Records ('LR'), Pali, dated 02.09.2019, 17.09.2019 and 29.09.2019 passed by the Collector (LR), Hanumangarh, dated 20.09.2019 passed by the Collector (LR), Dungarpur, dated 29.09.2019 passed by the Collector (LR), Sirohi, dated 19.09.2019 passed by the Divisional Commissioner, Bikaner, dated 19.09.2019 passed by the Divisional Commissioner, Jodhpur, dated 25.09.2019 and 27.09.2019 passed by the Collector (LR), Udaipur, whereby the petitioners have been transferred within the district/division respectively.
(2.) Challenge to the transfers has been laid based on the interpretation put by the petitioners on the provisions of Rule 173 of the Rajasthan Land Revenue (Land Records) Rules, 1957 ('the Rules of 1957'), which deals with transfer of the Inspector (LR) with the submission that proviso to Rule, which stipulates that State Government may direct the Collector/Divisional Commissioner for transfer of a Inspector (LR), necessarily means that the Collector/Divisional Commissioner can effect transfer only, if the State Government directs and in absence of any direction by the State in the present cases, the exercise of power by the Collector/Divisional Commissioner to transfer within the district/division is without jurisdiction.
(3.) The provision of Rule 173 of the Rules of 1957, which deals with the transfer of Inspector (LR), reads as under:- "173. Transfer - The Collector may transfer an Inspector of Land Records anywhere within the District, the Divisional Commissioner may transfer an Inspector of Land Records anywhere within the Division and the Board of Revenue may transfer an Inspector of Land Records anywhere within the State: Provided that the State Government may direct the Collector, Divisional Commissioner or the Board of Revenue, as the case may be, for the transfer of an Inspector of Land Records." Similar provision exists for transfer of Patwaris under Rule 9(ia) of the Rules of 1957, which insofar as relevant reads as under:- "9(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." This Court while dealing with provision of Rule 9(ia) of the Rules of 1957 in the case of Gopalram v. State of Raj and Anr., SBCW No.14402/2019 and other connected matters, decided separately today (i.e. 03.01.2020), has come to the following conclusion:- "A bare reading of the provisions of Rule 9(ia) reveals that the power of transfer within sub-division has been conferred on the Sub Divisional Officer and the power to transfer anywhere within the district has been conferred on the Collector. The proviso to the main provision stipulates that the State Government may direct the Collector for the transfer of a Patwari anywhere within the district. ;