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2025 DAILYLAW 122614 (ALL)

Abdul Atiq Khan v. STATE OF U.P. THRU CHIEF SECY. GOVT. OF U.P. LKO AND ORS.

WRIC/1217/2025 · 2025-02-10

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8362-DB Court No. - 2 Case :- WRIT - C No. - 1217 of 2025 Petitioner :- Abdul Atiq Khan Respondent :- State Of U.P. Thru Chief Secy. Govt. Of U.P. Lko And Ors. Counsel for Petitioner :- Sajjad Husain,Sanjay Shukla Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner who claims to be an Ex-Chairman of Nagar Palika Parishad, Sitapur has filed this petition seeking a writ of Mandamus commanding the opposite parties to take urgent and immediate steps for the transfer of Dr. Krishna Kumar Chahal, Deputy C.M.O. at CHC Shahabad, District Rampur as it is in violation of the Uttar Pradesh Transfer Policy for the year 2024- 25 and has also sought investigation or inquiry into serious allegations of corruption and unethical practices allegedly committed by the said officer. We asked the counsel for the petitioner whether any F.I.R. has been lodged against the said officer, however, he could not place before us anything regarding F.I.R. Having gone through the pleadings and the documents annexed herewith, we find that this is nothing but an abuse of the process of law. The petitioner has no locus standi to maintain such a petition certainly not before this Division Bench. There is nothing in the pleadings which may persuade us to arrive at a prima facie conclusion that the said officer has indulged in some malpractice. We, accordingly, dismiss this Writ Petition with cost of Rs.21,000/- (Twenty One Thousand Only), which shall be deposited within one month, failing which proceedings shall be initiated by the Senior Registrar of this Court for recovery of the same as arrears of the land revenue. We, however, make it clear that this order shall not come in the way if the opposite parties wish to transfer the said officer or want to inquire into his work or conduct as we have not adjudicated the said aspects rather we have considered the maintainability of this Writ Petition at the behest of the petitioner based on the pleadings before us. (Om Prakash Shukla, J.) (Rajan Roy,J.) Order Date :- 10.2.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench