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2025 DAILYLAW 152455 (ALL)

VISHWANATH ALIAS VISHWANATH GUPTA v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO. AND 2 OTHERS

WRIA/7872/2025 · 2025-07-21

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41489 Court No. - 5 Case :- WRIT - A No. - 7872 of 2025 Petitioner :- Vishwanath Alias Vishwanath Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 2 Others Counsel for Petitioner :- Abhiram Mishra Counsel for Respondent :- C.S.C.,Sankalp Dewari Hon'ble Abdul Moin,J. Heard learned counsel for petitioner, Sri P.K.Singh, learned Additional Chief Standing Counsel for the respondents no. 1 & 2 and Sri Anurag Tyagi, Advocate who has filed his Vakalatnama on behalf of the respondent no. 3 With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of. Under challenge is transfer order dated 15.06.2025, a copy of which is annexure no.1 to the petition. Also under challenge is the relieving order dated 15.07.2025, a copy of which is annexure 2 to the writ petition. By means of the order dated 15.06.2025, the petitioner has been transferred from Lucknow to Varanasi. Learned counsel for petitioner has raised various grounds to challenge the impugned transfer order, however the Court is of the view that the said grounds fall in the realm of the grounds to be considered by the respondents at the first instance. Accordingly, without entering into the merits of the case, the present petition is disposed of leaving it open to the petitioner to submit a comprehensive representation against the impugned transfer orders dated 15.06.2025 before the competent authority i.e. respondent no. 1 within a period of one week from today. In case a representation is made, respondent no. 1 shall proceed to decide the same in accordance with law considering the grounds taken by the petitioner in the representation, which would be decided within a period of four weeks from the date of receipt of the representation alongwith copy of this order. Till disposal of representation no coercive action shall be taken by the respondents against the petitioner in pursuance of the impugned transfer order. It is made clear that if the petitioner does not submit his representation within the time specified, then the benefit of this order shall not be available to him. Order Date :- 21.7.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench