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2025 DAILYLAW 197802 (ALL)

POOJA GOND v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 4 OTHERS

WPIL/1139/2025 · 2025-11-10

Amitabh Kumar Rai, Sangeeta Chandra

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1139 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State- respondents. 2. This petition has been filed by the petitioner for the following main prayers:- " I. To issue, an appropriate writ, order or direction in the nature of Mandamus commanding the Opposite parties to hold enquiry and take decision for transfer to opposite party no.5 to any other Tehsil in light of Government Order dated 05.08.2019. The copy of the Government Order dated 05.08.2019 is being annexed herewith as Annexure No.1 to this writ petition. II. To issue a writ, order or direction in the nature of Mandamus commanding the Opposite parties to consider and decide the application dated 08.04.2025 in light of Government Order dated 05.08.2019. The copy of the Government Order dated 05.08.2019. The copy of the application moved by the petitioner is being annexed herewith as Annexure No.2 to this writ petition." 3. Counsel for the State-respondents has raised a preliminary Versus Counsel for Petitioner(s) : Rajesh Kumar Dhuriya, Anil Kumar Nishad Counsel for Respondent(s) : C.S.C. Pooja Gond .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others .....Respondent(s) objection regarding the maintainability of the petition on the ground that the Mandamus, as prayed for, should not be issued as no subsisting legal right has been shown by the petitioner for grant of prayer made in the writ petition. 4. It has been submitted that apart from the question of maintainability of the writ petition, the instructions sent by the S.D.M., Patti, Paratapgarh, also indicate that the Respondent no.5 has been transferred to the area in question only on 30.06.2023 by the District Magistrate, Pratapgarh, and he has joined in Tehsil Patti on 07.07.2023. 5. The instructions are kept on record. 6. The writ petition stands dismissed. November 10, 2025 N.PAL WPIL No. 1139 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench