1 / 4 2025:CGHC:31630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 663 of 2025 Dr. Uttam Singh S/o Late Naan Sai Aged About 63 Years R/o Village Kurridhi, Bhayiathan, District Surajpur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 2 - Directorate Of Health Services Department Of Health And Family Welfare, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - Collector, Surajpur District Surajpur, Chhattisgarh. 4 - Chief Medical And Health Officer, Surajpur, District Surajpur, Chhattisgarh 5 - Dr. Rakesh Singh O/o Medical Officer, Bhaiyathan, C/o Chief Medical And Health Officer, Surajpur, District Surajpur, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Anup Majumdar, Advocate For Respondents/ State : Ms. Isha Jajodia, Panel Lawyer Respondent No. 5 : Mr. Mateen Siddiqui, Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.10 10:43:30 +0530 2 / 4 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 09/07/2025 1. Heard. 2. The petitioner/applicant preferred the instant MCC for recalling/ modification of the order dated 07-04-2025 passed by this Court in WPS No. 5241 of 2024 on the ground that due to some miscommunication, a joint statement was made by both the parties that in compliance of the order dated 02/04/2025 passed by this Court, vide order dated 03/04/2025, the State Government corrected the transfer order which was under challenge and, as such, nothing remains in the said writ petition for adjudication and on the basis of the said joint submission, the writ petition has been dismissed as having become infructuous. 3. Learned counsel for the petitioner submits that the order dated 03/04/2025 passed by the Office of Chief Medical and Health Officer, District Surajpur (C.G.) in pursuant to the order dated 02/04/2025 passed by this Court, is still against the petitioner and the grievance of the petitioner is not remedied till date, however, due to dismissal of said writ petition as infructuous, the order dated 03/04/2025 is still remain unchallenged. Learned counsel further submits that the order dated 03/04/2025 has been passed in contravention and in violation of the order dated 02/04/2025 of this Court which amounts to contempt of this Court. 4. Learned counsel for the State as well as counsel for the private respondent would submit that there is no error in the order passed 3 / 4 by this Court in WPS No. 5241 of 2024 and also there is a liberty granted by this Court in favour of the petitioner to question the order dated 03/04/2025, if he is aggrieved in any manner. Learned counsel for the private respondent also objected the submission made by the counsel for the petitioner that passing of the order dated 03/04/2025 is a contempt of Court order. 5. I have heard learned counsel for the parties and perused the documents as well as the pleadings of the applicant. 6. Having considered the entire facts and circumstances of the case, it is found that the order dated 07/04/2025 has been passed on the basis of joint submission made by both the parties that vide order dated 03/04/2025, the State Government corrected the impugned transfer order. While dismissing the aforesaid writ petition, liberty was granted to the petitioner to question the order dated 03/04/2025, if he is aggrieved in any manner. However, the writ petitioner/ applicant herein without questioning the said order, has filed the present MCC for recalling/ modification of the order dated 07/04/2025. Thus, I am of the opinion that the present MCC for recalling/ modification of the order dated 07-04-2025 passed in WPS No. 5241 of 2024 is not maintainable at this stage. However, the petitioner may challenge the order dated 03/04/2025 issued by the CMHO, Surajpur, if he is aggrieved in any manner. 7. As far as the submission of the petitioner that the order dated 03/04/2025 has been issued in violation of the order dated 02/04/2025 passed by this Court, the petitioner may avail the 4 / 4 remedy to file contempt proceeding against the authority concerned, if so desired. 8. With the aforesaid observation, the instant MCC stands disposed of. 9. Copy of this order be placed in the record of WPS No. 5241 of 2024 and further it be read along with the order dated 07/04/2025 passed in the said writ petition. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar