1 2025:CGHC:43301 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2063 of 2023 Janardan Mandal S/o Shri Shankar Chand Mandal Aged About 46 Years Occupation - Patwari, Village - Pendra P.H. No. 1, R.N.M. / Tahsil - Pendra District - Gourela - Pendra - Marwahi, Chhattisgarh. R/o Mandalvilla, Near Police Station - Gourela Hariom Nagar Gourela, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh 2 - The Collector, District - Gourela - Pendra - Marwahi, Chhattisgarh. 3 - The Sub Divisional Officer (Revenue) Pendraroad, District : Gourela- Pendra-Marwahi, Chhattisgarh 4 - The Tahsildar Pendra, District - Gourela - Pendra - Marwahi, Chhattisgarh. 5 - Tarkeshwar Dhruw Patwari Through Tahsildar - Pendra, District : Gourela-Pendra-Marwahi, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Santosh Kumar Pandey, Advocate For Respondents/State : Mr. Ashutosh Shukla, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 26.08.2025 1 The petitioner has filed this writ petition with the following relief(s):- YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.08.26 18:27:35 +0530 2 “10.1 The Hon'ble Court may kindly be pleased to set-aside the order dated 17.06.2022 issued by the office of respondent no. 3 (ANNEXURE P-3) 10.2 The Hon'ble Court may kindly be pleased to direct the respondent authorities to continued the service of the petitioner before 17.06.2022 at Village - Pendra P.Н. по. 1. R.N.M. 1, Tahsil Pendra District Gourela - Pendra Marwahi, (Chhattisgarh) 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as if may deem fit and appropriate. 10.4 Cost of the petition may also be given.” 2 Learned counsel for the petitioner submits that the impugned order dated 17.06.2022 (Annexure P-3), transferring the petitioner from P.H. No.1, Pendra to P.H. No.6, newly created Tahsil – Sakola on administrative exigency, is illegal and arbitrary. It is contended that the petitioner, being the elected President of the Patwari Union of Chhattisgarh, is protected under the policy and guidelines of the State Government, which prohibit transfer of elected office bearers during their tenure. Moreover, the appointing authority of the petitioner is the Collector, whereas the impugned order has been passed by respondent No.3, who lacks jurisdiction. It is further submitted that the petitioner had earlier challenged the impugned order by filing W.P.(S) No.4893/2022, which was dismissed by the learned Single Bench on 11.11.2022, and the subsequent Writ Appeal No.655/2022 was also dismissed 3 by the Division Bench on 29.11.2022. Thereafter, the petitioner complied with the relieving order dated 06.12.2022 by handing over charge on 08.12.2022. However, learned counsel fairly submits that in view of the subsequent transfer order issued on 23.12.2024 from Sakola to Pendra Road, the cause of action no longer survives and the present petition has rendered infructuous. 3 In view of the submissions made and taking into consideration the subsequent transfer order dated 23.12.2024, it is evident that the grievance raised by the petitioner in the present writ petition no longer survives. Accordingly, the writ petition stands dismissed as having rendered infructuous. 4 It is further clarified that no interim order was ever passed in favour of the petitioner in the present matter. The respondents/State shall, however, remain at liberty to pass appropriate orders in respect of the transfer and posting of the petitioner, if administrative exigency so requires, strictly in accordance with law and the applicable policy. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Yogesh