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2025 DAILYLAW 30448 (CHH)

SHASHIBHUSHAN PATEL v. STATE OF CHHATTISGARH

WPS/5573/2023 · 2025-08-31

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:44486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5573 of 2023 1 - Shashibhushan Patel S/o Shri Tej Ram Patel Aged About 43 Years C/o Amit Bhatiya C.E.O. Janpad Panchayat Infornt Of Gyanoday School, Sargipal Para Kondagaon, District : Kondagaon, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - Director General Of Police Government Of Chhattisgarh, Police Head Quarter, Sector-19 Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 3 - Superintendent Of Police Kondagaon, District : Kondagaon, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. A. N. Pandey, Advocate For Respondent(s) : Mr. Ashutosh Shukla, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/09/2025 1. This petition is preferred against orders dated 27.07.2023. 2. By way of this petition, the petitioner has prayed for following reliefs:- ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 "10.1 That, this Hon'ble Court may kindly be pleased to set-aside the impugned transfer order dated 27.07.2023 (ANNEXURE P/1), issued by respondent no.2, to the extent it relates to the petitioner and is bad, in the interest of justice. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given." 3. Vide order dated 14.08.2023, the petitioner was granted stay by this Court. 4. Considering the aforesaid aspect of the matter and considering the fact that on the strength of the aforesaid stay order, the petitioner is still continuing at his original place of posting, as such, by the afflux of time the said orders, has lost its efficacy and as such the order(s) dated 27.07.2023 is required to be quashed and accordingly the said order under challenge is hereby quashed. 5. However, liberty is granted to the respondent State authorities to pass appropriate orders in respect of transfer of the petitioner, in case exigency arises, without being influenced by this order. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena