JUDGMENT :

Dinesh Mehta, J.

1. Though the matter comes up on board for consideration of application under Article 226(3) of the Constitution of India, seeking vacation of interim order dated 13.01.2021, but the learned counsel appearing for the rival parties were in unison that the matter be decided finally, as the arguments on the application for vacating interim order will take as much time as the arguments of final hearing of the matter would.

2. Hence, the matter was finally heard.

3. The petitioner - a Patwari at the relevant time was posted in Patwar Mandal Akadali, Tehsil Pachpadra, District Barmer, when he was subjected to transfer vide order dated 31.12.2020.

4. The basic plank on which the petitioner has assailed his transfer has been, that under Rule 9 of the Rajasthan Land Revenue (Land Records) Rules, 1957 (hereinafter referred to as "the Rules of 1957"), the State Government cannot transfer a Patwari, sans his own request.

5. Before the arguments could even be opened, Mr. Mrigraj Singh, learned counsel for the respondents pointed out that vide recent amendment brought in force on 24.11.2020, Rule 9 of Rules of 1957 has been amended and words "on his own request" have been o