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2025 DAILYLAW 28722 (CHH)

MITHLESH DONDE v. STATE OF CHHATTISGARH

WPS/5308/2022 · 2025-05-07

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:21352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5308 of 2022 1 Mithlesh Donde S/o Late Bhaiya Lal Donge Aged About 55 Years (Joint Collector) R/o Bhatapara Ps Bhatapara City District Balodabazar Bhatapara Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through - Upper Secretary, General Administration Department Mahanadi Bhawan, Atal Nagar New Raipur District Raipur Chhattisgarh. 2 State Of Chhattisgarh, Through Add-Chief Secretary, Panchayat And Rural Development Mantralaya Mahanadi Bhawan, Atal Nagar New Raipur Chhattisgarh. Pin-492001 3 State Of Chhattisgarh Through Secretary, General Administration Department/ Urban Administration And Development/ Revenue And Disaster (Apda) Management Department / Tribal And Scheduled Caste Development Department Mahanadi Bhawan, Atal Nagar New Raipur Chhattisgarh. Pin 492001 4 The Collector, Balodabazar-Bhatapara, District Balodabazar-Bhatapara Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) :Shri Dheerendra Pandey, Advocate For Respondent(s)/State :Shri S.s. Choubey, P.L. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.05.09 12:43:08 +0530 2 08.05.2025 1. By the present writ petition, the petitioner is questioning the order dated 12-7- 2022 by which the representation submitted by the petitioner for cancellation of the transfer order dated 23-5-2022, whereby he has been transferred from District Balodabazar-Bhatapara to District Bijapur, has been rejected. 2. This Court by order dated 4-8-2022 granted interim protection in favour of the petitioner by staying the effect and operation of the transfer order dated 23-5- 2022 and on the strength of the said interim order still the petitioner is continuing at District Balodabazar-Bhatapara. 3. Learned State counsel would submit, that since the petitioner is enjoying interim relief for more than last 2 years, the respondent may be permitted to pass fresh transfer order, if any administrative exigency arises. 4. In view of the above, it is directed that respondents shall not insist upon the implementation of impugned transfer order, however, they would be at liberty to pass fresh order in accordance with law on the basis of obtaining administrative exigency. 5. In view of the aforesaid observation, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri/Jyoti