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2025 DAILYLAW 32070 (CHH)

KAMAL NARAYAN TIWARI v. STATE OF CHHATTISGARH

WPS/5786/2023 · 2025-08-31

Shri Amitendra Kishore Prasad

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Judgment text

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2025:CGHC:44464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5786 of 2023 1 - Kamal Narayan Tiwari S/o Late Ram Kishore Tiwari, Aged About 55 Years Working On The Post Of Assistant Director Kanger Ghati, National Park, Jagadalpur, District Bastar, Chhattisgarh, R/o - New Forest Colony, Kumharpara, Jagadalpur, District Bastar, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Special Secretary Forest And Climate Change Department, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forest Chhattisgarh (C.G.) Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 3 - Chief Conservator Of Forest (Wild Animal) Jagadalpur District Bastar, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 4 - Director Kanger Ghati, Jagadalpur, District Bastar (C.G.)/ Divisional Forest Officer, Jagadalpur, District Bastar, Chhattisgarh. 5 - Ramnath Sori, Deputy Divisional Forest Officer, Bastar, Forest Division Bastar, District Bastar, Chhattisgarh. ... Respondent(s) For Petitioner(s) : None. For Respondent(s)/ State : Mr. Devesh G. Kela, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/09/2025 1. This petition is preferred against order dated 14.8.2023. 2. By way of this petition, the petitioner has prayed for following reliefs:- "10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to set aside/quash the impugned transfer order dated 14.08.2023 (P/1) relating to the petitioner. 10.3 Any other relief in the discretion of this Hon'ble Court." 3. Vide order dated 21.8.2023, order of stay was granted to the petitioner 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 the order transferring the petitioner, by the afflux of time, has lost its efficacy and as such the order dated 14.8.2023 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 Raghu Jat