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2025 DAILYLAW 14151 (CHH)

TAJ AHEMAD ANSARI v. STATE OF CHHATTISGARH

WPS/2200/2023 · 2025-08-11

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:40633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2200 of 2023 • Taj Ahemad Ansari, S/o Nizamuddin Ansari, Aged About 44 Years, Working On The Post Of Panchayat Secretary, Village Panchayat Kot, Permanent R/o Village And Post Lamgaon, Police Station & Tahsil Lundra, District Surguja, Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh, Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Capital Complex, Naya Raipur, Post Office Rakhi, District Raipur, Chhattisgarh. 2. The Collector Surguja, Ambikapur, District Surguja, Chhattisgarh. 3. Chief Executive Officer Zila Panchayat Surguja, Ambikapur, District Durg, Chhattisgarh. 4. Chief Executive Officer Janpad Panchayat, Lundra, District Surguja, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Vikas Pandey, Advocate. For State/Respondents No.1 & 2 : Mr. Ashutosh Shukla, P.L. For Respondents No.3 & 4 : Ms. Chetna Sharma, Advocate. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 12/08/2025 1. This petition has been preferred preferred by the petitioner under Article 226 of the Constitution of India, challenging the orders dated 20.03.2023 DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 (Annexure-P/1) and 25.01.2023 (Annexure-P/3) by seeking following reliefs, which are as under:- “10.1 That, the Hon’ble Court may kindly be pleased to issue notices to the respondents, returnable within early date of hearing. 10.2 That, the Hon’ble Court may kindly be pleased to set-aside the impugned order dated 20.03.2023 (Annexure-P/1) issued in respect of the petitioner. 10.3 That, the Hon’ble Court may kindly be pleased to issue any other relief(s)/order(s)/direction(s) in favour of petitioner, which deemed fit and proper in the facts and circumstances of the case, in the interest of justice. 10.4 Cost of the petition.” 2. Counsel for the petitioner submits that petitioner is challenging the transfer order dated 25.01.2023 (Annexure-P/3), which has been stayed by the order dated 31.03.2023 passed by this Court in favour of the petitioner. He further submits that presently petitioner is working at Village Panchayat Kot. 3. Vide order dated 31.03.2023, stay order was passed by this Court in favour of the petitioner. 4. Considering the aforesaid aspect of the matter and considering the fact that on the strength of the aforesaid stay order, the petitioner is still continuing at his original place of posting, as such the order transferring the petitioners, by the afflux of time, has lost its efficacy and as such the orders dated 20.03.2023 (Annexure-P/1) and 25.01.2023 (Annexure-P/3) are required to be quashed and accordingly the said orders under challenge are hereby quashed. 5. However, liberty is granted to the respondent authorities to pass appropriate orders in respect of transfer of the petitioner, in case exigency arises, without being influenced by this order. 3 6. With the aforesaid observations and directions, the writ petition is disposed of. SD/- (Amitendra Kishore Prasad) Judge