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2025 DAILYLAW 130940 (ALL)

ATUL KUMAR SINGH (PNO - 152630269) v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

WRIA/3387/2025 · 2025-04-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18429 Court No. - 18 Case :- WRIT - A No. - 3387 of 2025 Petitioner :- Atul Kumar Singh (Pno - 152630269) Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- Anupam Shukla,Bhuvanesh Kumar Bajpai Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned A.C.S.C. for the State-respondents. By this petition, the petitioner has prayed for quashing of the impugned transfer order dated 20.07.2024 so far as it relates to the petitioner passed by the respondent Nos.2 and 3 as contained in Annexure No.1 to this petition. Learned counsel for the petitioner submits that although the impugned transfer order has been passed on 20.07.2024 he ought to have been relieved within ten days as per the Regulation 523 of the U.P. Police Regulations which provides that on receipt of a transfer order of the subordinate officer to any other district, the Superintendent will relieve him on his duty within ten days. He submits that till date relieving order has not been passed. He has apprehension that relieving order can be passed at any time. Learned Standing Counsel has submitted that petitioner has approached this Court on mere apprehension without there being any relieving order, the writ petition will not lie on apprehension. In view of the submissions advanced by learned Standing Counsel, it appears that although transfer order was passed way back in July, 2024 however, the petitioner is yet to be relieved and without there being any relieving order being passed, the petitioner has approached this Court on mere apprehension to which the writ will not lie and therefore, the petition cannot be entertained at this stage and is accordingly dismissed. However, the liberty is granted to the petitioner to approach this Court in case any relieving order has been passed and the occasion arises. Order Date :- 2.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench