#writjurisdiction Archives

TITLE : Rahibai Laxman Lokhande & Ors. V State of Maharashtra

CITATION : W.P No 7400 of 2023

CORAM : Hon’ble justice Madhav J. Jamdar

DATE: 5^th December, 2023

INTRODUCTION :

The challenge in the present Writ Petition is to the legality and validity of the order dated 18th April 2023 passed by the District Superintendent of Land Records in Appeal.

FACTS :

The contesting Respondents that the Writ Petition be not entertained in view of the availability of the alternate remedy. He submitted that there is Appeal provided under Section 247 of the Maharashtra Land Revenue Code, 1966.

Section 247 provides that, an appeal shall lie from any decision or order passed by a revenue or survey office specified in column 1 of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not such decision or order may itself have been passed on appeal from the decision of order of the officer specified in column 1 of the said Schedule: Provided that, in no case the number of appeals shall exceed two.

The Petitioners contend that the impugned order itself has been passed in Appeal and therefore, the Second Appeal is not competent under Section 247 of the said Code.

COURT’S ANALYSIS

The court held that Section 247 of the said Code very clearly specifies that two Appeals are competent and the Appellate Authorities are described in Schedule E.

Accordingly, the Writ Petition is dismissed in view of availability of the alternate remedy of statutory Appeal under Section 247 of the said Code, with no order as to costs. It is clarified that the Petitioners can file the Appeal as contemplated under Section 247 of the said Code challenging the impugned order.

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Written by- Sanjana Ravichandran

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CASE TITLE: Amit Kumar vs. State of UP & 2 Others 2023 LiveLaw (AB) 248 [Writ A No. 11797/2023]

DECIDED ON: 24.7.2023

CORAM: Hon’ble J.J. Munir,J

INTRODUCTION

According to the Allahabad High Court, a transfer order that is claimed to be issued against the State policy cannot be contested through a writ jurisdiction, as it does not affect any statutory rights. The court clarified that State policies are administrative in nature and differ from laws enacted by the legislature, which possess a statutory nature.

FACTS

The petitioner, a Senior Auditor in the office of the Director, Co-operative Societies and Panchayat Audit, Lucknow, U.P., was issued a transfer order in the name of ‘public interest.’ He challenged the transfer order because his wife, who is an Assistant teacher at a Government Primary School, was recently transferred to the same location to accommodate spouses at the same station as per the State Government’s transfer policy for 2022-23.

The petitioner’s counsel argued that the transfer, which placed him 200 km away, was arbitrary and not in line with the policy. They contended that the wife’s recent transfer to the same location should protect the petitioner’s right to be transferred nearby as well.

However, the Court referred to the Supreme Court’s decision in the case of State of U.P. and others v. Govardhan Lal, emphasizing that State transfer policies are administrative in nature and distinct from statutory rules. Violation of such policies does not entitle government employees to challenge them in a court of law.

CASE ANALYSIS AND DECISION

The Court made a distinction from the case of Ram Awadh Ram v. State of U.P. and another, which the Petitioner had relied upon. In that case, the transfer order was found to be in violation of the U.P. District Offices (Collectorates) Ministerial Service Rules, 1980, leading the Court to intervene. However, in the present case, as no violation of any statutory rule was proven, the Court declined to interfere with the transfer order. Nonetheless, the petitioner was granted the chance to join his new posting and present his concerns before the relevant authorities.

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Written by- Mansi Malpani

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Transfer Order Allegedly In Violation Of State Policy Cannot Be Challenged In Writ Jurisdiction: Allahabad High Court