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2025 DAILYLAW 6271 (CHH)

BHAGWAT PRASAD KASHYAP v. STATE OF CHHATTISGARH

WPS/771/2025 · 2025-01-28

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:5036 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 771 of 2025 • Bhagwat Prasad Kashyap S/o Shri Shyamlal Kashyap, Aged About 46 Years R/o Village Chitkakani Post Junda, District Raigarh, Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through - Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.). 2. Collector Raigarh, District Raigarh, Chhattisgarh. 3. Deputy Collector, Raigarh, District Raigarh, Chhattisgarh. 4. Sub Divisional Officer (Revenue), Raigarh, District Raigarh, Chhattisgarh. 5. Tehsildar, Raigarh, District Raigarh, Chhattisgarh. 6. Chhattisgarh State Election Commission, Through Secretary Chhattisgarh State Election Commission, Nirvachan Bhawan Sector 19 North Block Nava Raipur Atal Nagar, District Raipur. ... Respondent(s) For Petitioner(s) : Mr. Chandresh Shrivastava, Advocate. For Respondent(s)/ State : Mr. Vivek Sharma, Addl. A.G. Digitally signed by RAGHVENDRA JAT 2 For Respondent No. 6 : Mr. Vanketesh Pandey, Advocate on behalf of Mr. R.S. Marhas, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That the Hon'ble court may please 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 quash the impugned order dated 17/01/2025 (ANNEXURE-P-1) issued by respondent no.3 transferring petitioner and also order dated 17.01.2025 (ANNEXURE P-2) passed by respondent no.5 exparte relieving petitioner for transferred place of posting. 10.3 That this Hon'ble court may further be pleased to pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost.” 2. Learned counsel for the petitioner submits that present petition is preferred against the impugned order dated 17.01.2025 illegal, and arbitrary issued by the respondent No. 3 transferring and 3 posting the petitioner from Patwari Halka no.38 Pandripani East Tehsil and District Raigarh to Patwari Halka no. 35, Kilkila Tehsil Mukdega District Raigarh and also antedated order dated 17.01.2025 issued by the respondent No. 5 ex-parte relieving the petitioner from 17.01.2025 itself, however, the same was communicated to the petitioner through registered post on 21.01.2025 only for the reason that prior to issuance of the same model code of conduct has came in operation. The aforesaid transfer order has been issued with malafide intention only to suppress the protest being made by the Patwari Union calming for rectification of serious problems being faced by the members in operation of online Bhuiyan software and as the petitioner is State President of the Union he could not have been transferred being the office bearer as per the circulars of State itself. 3. On the other hand learned counsel for the respondents opposes the same. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the petitioner is directed to file representation before the appropriate authority / the transferring authority for redressal of his grievances. 6. The petition is disposed of with liberty to file appropriate representation before the appropriate authority and the 4 authorities concerned is directed to decide the same within a period of 30 days. 7. Accordingly, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat