Rajesh Vinayak Govekar Hadpadkar v. The Collector Sindhudurg And ANR

skn 1 905-WP-4862.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 4862 OF 2024 Rajesh Vinayak Govekar Hadpadkar.

...

Petitioner.

V/s.

The Collector, Sindhudurg, and others.

...

Respondents.

Mr.Mahesh V. Rawool for the Petitioner.

Mr.A.C.Bhadang, AGP for Respondent Nos.1 and 2. Digitally signed by SANJAY KASHINATH NANOSKAR Date:

2024.08.20 10:44:49 +0530 CORAM :

NITIN JAMDAR, AND M.M. SATHAYE, JJ.

SANJAY KASHINATH NANOSKAR DATE :

13 August 2024.

P.C. :

The Petitioner has challenged the order of transfer dated 12 April 2023 issued by the Collector, Sindhudurg transferring Respondent No 3 as Tahsildar, Ratnagiri.

2.

The Petitioner is not a Government servant and not a contestant for posting at that place. No personal rights of the Petitioner are affected by transfer of Respondent No.3 as Tahsildar, Ratnagiri. The Petitioner claims locus to question the order issued to Respondent No.3 only on the ground that the Petitioner, as a citizen had filed a complaint against Respondent No.3 for misbehaviour and misconduct.

skn 2 905-WP-4862.2024.doc 3.

The Petitioner is an agriculturist. He had filed civil suit in the year 2013 in respect of certain agricultural lands. It is his claim that Respondent No.3 while deciding appeal had misconducted himself. The Petitioner filed a complaint against Respondent No.3. It appears that an inquiry was held and certain steps were taken and Respondent No.3 was transferred as Tahsildar, Ratnagiri.

4.

Merely because the Petitioner had filed a complaint against Respondent No.3 and the State Government has initiated certain action that does not mean that the Petitioner acquires special locus to dictate where Respondent No.3 should be posted. The Petitioner cannot convert this order as a lis between the Petitioner, the State Government and Respondent No.3. This petition is not a public interest litigation, if at all it can be. It is for the State Government to decide the matters as regards posting, transfer etc. We neither find any special locus in the Petitioner nor any substantial right of the Petitioner is affected to entertain this petition at the behest of the Petitioner. It is for the State Government to look into the issue and take appropriate action.

5.

Writ petition is accordingly disposed of.

(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)