HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15971 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Rajesh Kumar Singh, learned counsel for the writ petitioner and Sri Gaurav Singh, learned Additional Chief Standing Counsel for the State. 2. The grievance of the writ petitioner is that the writ petitioner is at present posted as Lekhpal, attached with District Magistrate, Pilibhit. The said attachment is from the year 2019, however, now by virtue of the order dated 31.08.2025, the writ petitioner's attachment has been cancelled and he has been directed to be posted in the Tehsil by the District Magistrate, Pilibhit. 3. Questioning the said order, the present writ petitioner has been preferred. 4. Learned counsel for the writ petitioner has submitted that the order dated 31.08.2025 passed by the District Magistrate cannot be sustained even for a single moment particularly when it is accentuated by mala fides as it is nothing but a colourable exercise of the powers. Submission is that there happens to be an ongoing civil dispute between the writ petitioner faction and the Dilip Kumar Agarwal faction being OS No. 225 of 2016. Further, just in order to exert pressure and and to create obstacles and hindrances, the complainant Dilip Kumar had approached the Chief Minister making complaint against the writ petitioner for dislodging him from the office of the District Magistrate pursuant whereto, report was also summoned and the writ petitioner has been dislodged. Further Versus Counsel for Petitioner(s) : Aishwarya Kumar Singh, Rajesh Kumar Singh, Utkarsh Kumar Singh Counsel for Respondent(s) : C.S.C. Saurabh Kant .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) submission is that there happens to be a resolution of the District Bar Association, Pilibhit for dislodging the writ petitioner. According to the learned counsel writ petitioner, the transfer can only be made once there is administrative exigencies and in public interest and such type of noble method so sought to be deployed for transferring the writ petitioner cannot be sustained. He seeks to rely upon the judgment of the Hon'gle Apex Court in Mrs. Shilpi Bose Vs. State of Bihar : AIR 1991 Supreme Court 532 and Writ-A No. 35222 of 2011 decided on 01.07.2011. 5. Sri Gaurav Singh, learned Standing Counsel, on the other hand, submits that once it is admitted to the writ petitioner that he holds a transferable post and his attachment since 2019, thus, it is always open for the appointing authority to shunt the writ petitioner, however, in the present case, there is a slight distinction that the writ petitioner has not been transferred but his attachment has been ceased and now he has been posted in the Tehsil. 6. I have heard the submission so made across the bar and perused the record. 7. Apparently, by virtue of the impugned order dated 31.08.2025 the attachment of the writ petitioner in the office of the District Magistrate has been withdrawn and now the writ petitioner has been directed to be posted in Tehsil. On a pointed query being raised to the learned counsel for the writ petitioner whether there happens to be any legal impediment or the same is forbidden under the rules the answer is in negative. This Court in exercise of jurisdictions under Article 226 of the Constitution of India cannot sit on the Chair of the appointing authority and travel into the mind of the authority while taking a decision. Might be, the writ petitioner may suffer some problems or inconvenience while being posted in Tehsil but that is implicit and hazard of the service. As regards the allegations so sought to be levelled by the writ petitioner that the said transfer order is punitive, this Court from the bare perusal of the impugned order finds that there is nothing stigmatic. 8. Accordingly, no case is made out for interference, the application WRIA No. 15971 of 2025 2 stands rejected. 9. At this stage, learned counsel for the writ petitioner, as per the instructions received from his client, seeks a direction for joining the post at Tehsil. 10. In the opinion of the Court, it is always open for the writ petitioner to join the post at Tehsil. October 30, 2025 Rajesh WRIA No. 15971 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad