High Court Of ChhattisgarhWPS/3447/2019allowed

Yogesh Thakur v. State Of Chhattisgarh

2019-05-08Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3447 of 2019

1. Yogesh Thakur S/o Shri Madan Lal Thakur Aged About 35 Years R/o Gram Hardibhatha, Mainpur, P.S. Mainpur, Tahsil Mainpur, DistrictGariyaband, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Revenue And Calamity Management, New Raipur, District- Raipur, Chhattisgarh

2. Commissioner Of Land Records Chhattisgarh Atal Nagar, Indrawati Bhawan, First Floor, Block-2, Chhattisgarh

3. Collector Land Of Records Gariyabandh, Chhattisgarh

4. Collector Land Of Records Balod, District- Balod, Chhattisgarh ---Respondents For Petitioner :

Shri Ankur Agrawal, Advocate.

For Respondents :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08/05/2019

1. The limited grievance of the petitioner is that though the petitioner was transferred from district Gariyaband to Balod vide Order dated 05.10.2018 (Annexure P-1), till date, the petitioner has not been relieved though more than 6 months have been passed. The only relief that the petitioner has sought is for relieving the petitioner at the earliest. On a query being put to the petitioner, he submits that he has instructions to state that there is no modification/amendment or cancellation to the said Order dated 05.10.2018.

-22. Given the said facts, this Court is of the opinion that the present writ petition is also covered by the decision of this Court in the case of Manisha Agrawal Vs. State of Chhattisgarh 2015 4 CJLJ 182.

3. Given the aforesaid undisputed factual matrix of the case and the legal position as it stand decided in the case of Manisha Agrawal (Supra) and also taking note of the fact that from the date the Order of transfer was issued more than 6 months have passed and it has not been complied with. Moreover, when the order having not been cancelled/withdrawn/modified/amended in any manner. The respondents are directed to ensure that the Order dated 05.10.2018 stands complied with at the earliest within a period of 2 months from the date of receipt of copy of this Order.

4. The Writ Petition, accordingly stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge Rahul