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2025 DAILYLAW 157129 (ALL)

NO 15417562 N HAV (AA) SHAHAPURKAR MAHESH VISHNU v. UNION OF INDIA THRU. SECY. MINISTRY OF DEFENCE NEW DELHI AND 3 OTHERS

WRIA/8979/2025 · 2025-08-11

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46899 Court No. - 8 Case :- WRIT - A No. - 8979 of 2025 Petitioner :- No 15417562 N Hav (Aa) Shahapurkar Mahesh Vishnu Respondent :- Union Of India Thru. Secy. Ministry Of Defence New Delhi And 3 Others Counsel for Petitioner :- Vishwajeet Sharma,Pankaj Singh Yadav Counsel for Respondent :- A.S.G.I. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the petitioner and learned State Counsel for the opposite parties. 2. Petition has been filed challenging the order dated 04.07.2025, whereby the petitioner has been transferred from Belagaum, Maharashtra to Jhanshi. A further prayer has been made for a direction to the concerned authority to extend the posting tenure of the petitioner till May 2026, in order to enable him to defend himself in criminal cases. 3. It has been submitted that the impugned order has been passed at Lucknow, since OIC AMC Records Office is situated in Lucknow. It is further submitted that the petitioner is required to remain posted in Military Hospital, Belagaum, Maharashtra, in view of the fact that he is facing a criminal trial there and if he is posted 1,500 kms. away, he would face difficulty in presenting himself on every date fixed in the criminal trial. 4. With regard to the aforesaid grievance, the petitioner has already submitted a representation and seeks liberty to file a fresh representation before the authority concerned. 5. Considering the innocuous prayer and without adverting to the merits of the case, liberty is granted to the petitioner to file a fresh representation before the opposite party no.3 i.e. Officer-in-charge (Chief Record Officer) AMC Records, Lucknow. In case such a representation is filed, the same shall be considered and decided within a period of two weeks from the date a certified copy of this order is produced before the said authority. 6. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 11.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench