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2025 DAILYLAW 33324 (CHH)

SITARAM SAHU v. STATE OF CHHATTISGARH

WPS/5995/2023 · 2025-08-27

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:43723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5995 of 2023 1 - Sitaram Sahu S/o Hari Ram Sahu Aged About 25 Years R/o Chisda, Pendri, District Janjgir-Champa (C.G.) Currently Posted At Post Of Process Server (Class Iv) District Office, Mining Branch, Mungeli, District : Mungeli, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Mineral Resources, Capital Complex Mantralay Mahanadi Bhwan New Raipur, District : Raipur, Chhattisgarh 2 - Under Secretary Department Of Mineral Resources, Capital Complex Mantralay Mahanadi Bhwan New Raipur, District : Raipur, Chhattisgarh 3 - Director Geology And Mining Board, (C.G.), Block D, Second Floor, Indravti Bhwan New Raipur, District : Raipur, Chhattisgarh 4 - The Collector Office Of Collector (Mining Branch) Mungeli, District : Mungeli, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Sourabh Sanwali, Advocate on behalf of Mr. Sanjay Agrawal, Advocate For Respondent(s) : Mr. Ankur Kashyap, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Order on Board 28/08/2025 1. This petition is preferred against orders dated 16.08.2023. 2. By way of this petition, the petitioner has prayed for following reliefs:- "10.1 A writ in the nature of mandamus may please be issued for calling the entire record pertaining to the transfer of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 16.08.2023 passed by respondent no. 2, so far as it relates to transfer of the petitioner and further be pleased to direct the respondents to allow the petitioner to continue, in his District office ,Mining branch, Mungeli or to transfer the petitioner to his home district Janjgir- Champa. 10.3 Any other writ or writs, direction or directions which the Hon'ble Court deems fit and proper in the facts and circumstances of the case, may also be passed.” 3. Vide order dated 29.08.2023, 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 16.08.2023 is required to be quashed and accordingly the said order(s) under challenge is hereby 3 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