Daulat Singh Rathore Vs. State and ors

Daulat Singh Rathore vs State and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Oct 28, 2014

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https://sooperkanoon.com/case/1166490

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Citation: sooperkanoon.com/1166490
Court: Rajasthan Jodhpur High Court
Decided On: Oct 28, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Daulat Singh Rathore

Respondent

State and ors

Excerpt

.....be directed not to s.b. civil writ petition no.7506/2014. daulat singh rathore vs. state & ors. .. final order dated 28.10.2014 2/3 relieve petitioner from the present place of posting. iv. any other appropriate appeal, order or direction which the facts and circumstances of the case warrants be issued and; v. costs of the appeal be allowed in favour of the petitioner.”. 2. the petitioner has filed the present writ petition being aggrieved of his transfer under the impugned transfer order annexure-5 dated 22.10.2014. the learned counsel for the petitioner submitted that the petitioner has unnecessarily been transferred frequently and he is going to retire from the services of the respondents in the month of september, 2015 and, therefore, interference deserves to be made in the matter and the impugned transfer order deserves to be quashed.3. having heard the learned counsel for the petitioner and having perused the record of the case, this court is of the opinion that the transfer and posting is the matter for consideration of the authorities concerned. it is also well settled that the transfer is an incident of service. this court is not inclined to interfere in the matter and this writ petition deserves to be disposed of with necessary directions to both the parties. s.b. civil writ petition no.7506/2014. daulat singh rathore vs. state & ors. .. final order dated 28.10.2014 3/3 4. accordingly and in view of the above, the present writ petition is disposed of with a direction and liberty to the petitioner that he should make a suitable and appropriate representation within 15 days from today ventilating all his grievances against the impugned transfer and the respondents are expected to decide the same, preferably after giving an opportunity of hearing to the petitioner, further within a period of 15 days after submission of the representation.5. in the circumstances of the case, it is expedient that the effect and operation of the impugned transfer order.....

Full Judgment

S.B. CIVIL WRIT PETITION No.7506/2014. Daulat Singh Rathore Vs. State & Ors. .. Final Order dated 28.10.2014 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER

:: S.B. CIVIL WRIT PETITION No.7506/2014. Daulat Singh Rathore Vs. State & Ors. .. Date of Order :::::

28. h October, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Kuldeep Mathur, for the petitioner. <<>> BY THE COURT:

1. The petitioner has filed the present writ petition on 27.10.2014 with the following prayers:- “It is therefore, most humbly and respectfully prayed that this appeal may kindly be allowed; and by an appropriate writ, order or direction; i. The record of the case may kindly called for; ii. The impugned order of transfer dated 22/10/2014 (Annexure-5) may kindly be declared illegal and the same may kindly quashed and set aside; iii. The respondents may be directed not to S.B. CIVIL WRIT PETITION No.7506/2014. Daulat Singh Rathore Vs. State & Ors. .. Final Order dated 28.10.2014 2/3 relieve petitioner from the present place of posting. iv. Any other appropriate appeal, order or direction which the facts and circumstances of the case warrants be issued and; v. Costs of the appeal be allowed in favour of the petitioner.”. 2. The petitioner has filed the present writ petition being aggrieved of his transfer under the impugned transfer order Annexure-5 dated 22.10.2014. The learned counsel for the petitioner submitted that the petitioner has unnecessarily been transferred frequently and he is going to retire from the services of the respondents in the month of September, 2015 and, therefore, interference deserves to be made in the matter and the impugned transfer order deserves to be quashed.

3. Having heard the learned counsel for the petitioner and having perused the record of the case, this Court is of the opinion that the transfer and posting is the matter for consideration of the authorities concerned. It is also well settled that the transfer is an incident of service. This Court is not inclined to interfere in the matter and this writ petition deserves to be disposed of with necessary directions to both the parties. S.B. CIVIL WRIT PETITION No.7506/2014. Daulat Singh Rathore Vs. State & Ors. .. Final Order dated 28.10.2014 3/3 4. Accordingly and in view of the above, the present writ petition is disposed of with a direction and liberty to the petitioner that he should make a suitable and appropriate representation within 15 days from today ventilating all his grievances against the impugned transfer and the respondents are expected to decide the same, preferably after giving an opportunity of hearing to the petitioner, further within a period of 15 days after submission of the representation.

5. In the circumstances of the case, it is expedient that the effect and operation of the impugned transfer order Annexure-5 dated 22.10.2014 qua the present petitioner shall remain stayed for a period of 30 days.

6. A copy of this order be sent to the parties concerned forthwith. (Dr. VINEET KOTHARI), J.

/Mohan/ / 126 /

Same Court & Year Rajasthan Jodhpur · 2014 Same Parties Daulat Singh Rathore vs State and ors Same Subject Land Acquisition