1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Prabhulal Khatik Vs. Director and Special Secretary, Rural Development and Panchayati Raj Department, Rajasthan Jaipur & Ors. S.B.CIVIL WRIT PETITION NO.1014/2005 DATE OF ORDER :: April 26, 2007 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Mahesh Bora, for the petitioner. Mr.Rameshwar Dave, Dy.G.A. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order Annexure-P/1 dt. 18.10.2004 transferring him from Panchayat Samiti, Girwa to Panchayat Samiti, Revdar, Distt. Sirohi. I have heard learned counsel for the parties. The effect and operation of the order Annexure-P/1 2 transferring the petitioner from Panchayat Samiti, Girwa to Panchayat Samiti, Revdar, Distt. Sirohi has been stayed by this Court vide order dt. 21.2.2005 and in pursuance of the interim order, the petitioner has been continuing on Panchayat Samiti, Girwa for last more than two years. In my view, no useful purpose will be served in allowing the order impugned to stand after such a long time. Keeping in view the fact that the petitioner has been continuing at the place from which he was said to be transferred for last more than two years, in my view, the order impugned Annexure-P/1 dt. 18.10.2004 and judgment and order Annexure-P/5 dt. 7.1.2005 passed by the Rajasthan Civil Services Appellate Tribunal, , Jaipur deserve to be set aside. In the result, the writ petition is allowed. Order impugned Annexure-P/1 dt. 18.10.2004 and judgment and order Annexure-P/5 dt. 7.1.2005 are set aside. However, it will be open for the respondents to pass a fresh order, if service exigency so arises. Stay petition stands disposed of. There shall be no order as costs. [H.R.PANWAR],J. m.asif/-