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2025 DAILYLAW 186166 (ALL)

RAM DEEN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS

/13706/2025 · 2025-12-04

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13706 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. D.K. Singh Chauhan, learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 15.07.2025 whereby petitioner was transferred from District Hardoi to District Ballia. Also under challenge is the order dated 07.08.2025 whereby representation of petitioner for continuance in District Hardoi has been rejected. 3. It is submitted that earlier petitioner had filed WRIT - A No. - 8065 of 2025 which was disposed of vide order dated 24.07.2025 directing authorities concerned to consider petitioner's retention in District Hardoi in view of fact that petitioner had less than two years to superannuate and was therefore covered by paragraph 5(v) of Government Order dated 06.05.2025. 4. Earlier, this Court had required learned State Counsel to obtain written instructions in view of fact that by means of order rejecting petitioner's representation, there was no discussion with regard to vacancies in District Hardoi or even any cogent discussion with regard to petitioner being covered by aforesaid paragraph of Government Order. 5. In pursuance thereof, learned State Counsel has been provided Versus Counsel for Petitioner(s) : D.K. Singh Chauhan Counsel for Respondent(s) : C.S.C. Ram Deen .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 3 Others .....Respondent(s) written instructions dated 29.11.2025, a copy of which is taken on record and also as per instructions provided to learned State Counsel, there are three posts of Consolidator vacant in District Hardoi. 6. In view of such instructions being provided to learned State Counsel and keeping in view provisions of paragraph 5(v) of Government Order dated 06.05.2025, opposite party no.2 i.e. Consolidation Commissioner U.P. Lucknow is directed to pass appropriate orders for posting of petitioner in District Hardoi within a period of two weeks from the date of submission of a certified copy of this order before authority concerned. 7. In view thereof, the impugned orders dated 15.07.2025 and 07.08.2025 are hereby quashed by issuance of a writ in the nature of Certiorari. 8. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. December 4, 2025 kvg/- WRIA No. 13706 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench