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2026 DAILYLAW 29591 (CHH)

ROSHAN SINGH v. STATE OF CHHATTISGARH

WPS/7385/2022 · 2026-07-28

Shri Rakesh Mohan Pandey

Public Interest Litigationbody2026

Judgment text

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1 CGHC010342432022 2026:CGHC:32666 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7385 of 2022  Roshan Singh S/o Dileshwar Prasad Binjhwar Aged About 35 Years Working As Patwari And Posted At Tahsil Office Champa, District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2. Director Direcotrate Of Revenue And Disaster Management, Indrawati Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 3. Collector Janjgir, District Janjgir Champa, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Pradeep Kumar Jogi, Advocate For Respondents : Mr. Topilal Bareth, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 29.7.2026 1) The petitioner who is working as Patwari has filed this writ petition assailing the transfer order dated 30.09.2022 (Annexure P/1) by which he has been transferred from one district to another district on administrative ground. 2) Learned counsel for the petitioner would submit that the impugned transfer order issued by the State is against the rules as Patwari is appointed for the particular district and they can be only Digitally signed by AJINKYA PANSARE Date: 2026.07.29 16:48:26 +0530 2 transferred within the district for which they appointed, therefore, the impugned transfer order is bad in law. He would further submit that the seniority of Patwari is being maintained in district level, therefore, they cannot be transferred from one district to another district as their seniority will be adversely affected and would pray for quashing of the impugned transfer order. 3) On the other hand, learned State counsel would submit that the impugned transfer is legal and justify and transfer is an incident of service and would pray for dismissal of the writ petition. 4) This Court while hearing the matters on 15.11.2022, stayed the impugned order dated 30.09.2022 with respect to the petitioner and the interim order is continuing since then. 5) Considering the fact that the transfer is an incident of service, therefore, the impugned transfer order dated 30.09.2022 (Annexure P/1) so far as relates to the petitioner is quashed. However, the State is at liberty to issue afresh transfer order as per rules, if exigency so arises. The issue raised in this petition is left open and will be decided in appropriate case. 6) Accordingly, the writ petition is allowed. 7) It is made clear that this Court has not expressed anything on merits of the case and it is for the State to issue afresh transfer order, if exigency so arises, in accordance with law. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a