IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT HON'BLE MR JUSTICE V. ESWARAIAH AND HON’BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NOS. 26190 OF 2009 Between: P.S.S. Srinivasa Rao, S/p G. Ganga Raju ..... Petitioner AND The District Registrar of Registration and Stamps, Rajahmundry and two others .....RESPONDENTS ORDER: (per Sri Justice V. ESWARAIAH ) The petitioner is the applicant before the A.P. Administrative Tribunal in O.A.No. 9695 of 2009. He questions the transfer order passed by the first respondent-District Registrar of Registration and Stamps, Rajahmundry, East Godavai District, dated 15.7.2009, transferring him from the Sub-Registrar’s Office at Kadium to Atreyapuram, on administrative grounds, as he is facing criminal charges. The Tribunal dismissed the said O.A. Aggrieved by the same, the present Writ Petition has been filed. The case of the petitioner is that he has given an option as per the guidelines issued by the Government in G.O.Ms.No. 169 dated 17.6.2009, relaxing the ban on transfers between 17.6.2009 and 16.7.2009 to transfer him to Mummadivaram, where there is a vacancy. It is stated that the counseling was held on 15.7.2009 but his request for option was not considered and he was transferred to Atreyapuram vide impugned proceedings, dated 15.7.2009. It is stated that there is vacancy at Mummadivaram and as per his option, the first respondent should have considered his transfer to Mummadivarm. A counter affidavit was field by the first respondent-District Registrar of Registration and Stamps, Rajahmundry, stating that while he was working in I.Polavaram a Criminal Case was registered in Crime No. 93, dated 4.11.2005, under Sections 417, 420 and 468 read with 34 IPC and the name of the petitioner-applicant was shown as A3 and a charge sheet was also filed and the trial is pending in the Court of the Judicial First Class Magistrate, Mmummadivaram in CC No. 106 of 2009. It is stated that the Commissioner and Inspector General of Registration and Stamps also directed to initiate disciplinary proceedings against the petitioner. As per the contents of the charge sheet, the allegation relates to impersonation and illegal registration of Ac. 10.74 of lands in S.No. 711 of Gogullanka Village. The accusation against the petitioner is that he got the fraudulent registration of documents in the name of his minor son under the guardianship of his grand father (in the name of son of the petitioner). The son of the petitioner is also shown as accused No. 5. Serious allegations were made against the petitioner with regard to the transaction stating that the petitioner has malicious intention to grab the said land. It is stated that as per Section 82 of the Registration Act , such impersonation and abetting is punishable. The Tribunal based on various judgments of the Supreme Court dismissed the application on the ground that the transfer order is neither malice in fact nor there is any malice in law and therefore, the transfer order does not suffer from either malice in fact or malice in law. Learned counsel appearing for the petitioner placed reliance on the judgment of Supreme Court reported in SOMESH TIWARI VS. UNION OF INDIA AND OTHERS[1], and contended that if the transfer order is made as a measure of punishment, the same is liable to be set aside. In the present case, absolutely no allegation is made against the petitioner in O.A and the transfer order can be interfered only when there is a malice in fact or malice in law. In fact the Supreme Court held that the Transfer order cannot be interfered with if it is passed on administrative exigencies. In the instant case, the petitioner is facing the criminal proceedings in the court of Judicial First Class Magistrate, Mummidivaram, where he is seeking his transfer. The said criminal case is registered on the basis of a private compliant. Therefore, the transferring committee considering the request of the petitioner posted him at Atreyapuram on administrative grounds. Therefore, we are of the opinion that the transfer of the petitioner to Atreyapuram, does not suffer from any infirmity and the order of the Tribunal does not suffer from any illegality or irregularity. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ___________________ V. ESWARAIAH,J _________________​______ VILAS V. AFZULPURKAR , J DATE: 03.12.2009. KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies [1] (2009) 2 SCC 592