Sanjay Kumar Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4324 of 2021

1. Sanjay Kumar Dewangan Son Of Shri Sharad Ram Dewangan Aged About 30 Years Working As Patwari And Posted At Patwari Halka No. 36 Baradoli, Block Pussour, District Raigarh (Chhattisgarh) Resident Of Village Bagtabal, Circuit House Road, Raigarh, Tahsil And District Raigarh Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Collector Raigarh, District Raigarh (Chhattisgarh)

3. Sub Divisional Officer (Rev.) Raigarh, District Raigarh (Chhattisgarh)

4. Tahsildar Tahsil Pusour, District Raigarh, Chhattisgarh. ----Respondents For Petitioner :

Shri Ajeet Kumar Yadav, Advocate For State :

Shri Amit Buxy, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 18.08.2021

1. Aggrieved by the impugned order of transfer dated 14.07.2021, the present writ petition has been filed.

2. Vide the said order, the petitioner has been shown to have been transferred from Patwari Halka No. 32 Devalsurra, Block Pussour, District Raigarh to P. H. No. 41, Tahsil Sarangarh District Raigarh.

3. Counsel for the petitioner submits that the petitioner in-fact is not working at P.H. No. 32 but he is working at P.H. No. 36, as he was

transferred at P.H. No. 36 vide order dated 16.02.2021 Annexure P/3. Thus according to the petitioner, the place from where the petitioner is being shifted as reflected in the order of transfer does not seem to be proper and thereby, the administrative exigency becomes doubtful.

4. Learned State Counsel on the other hand submits that the same appears to be a clerical error so far as the place of posting of the petitioner is concerned. However, since the petitioner has made a representation vide Annexure P/6, the same shall be decided after due consideration on merits.

5. Given the said submission made by the Counsel appearing for the parties, the present writ petition at this juncture is disposed off directing the respondents to consider and decide the representation of the petitioner on its own merits in accordance with law, particularly, taking note of the fact that petitioner was not substantially posted at P.H. No. 32 but was posted at P.H. No. 36. Let a decision be taken within a period of 30 days from the date of receipt of copy of this order.

6. Meanwhile, purely as an interim measure, the respondents are restrained from taking any coercive steps against the petitioner.

7. Accordingly, the present writ petition stands disposed off. Sd/- P. Sam Koshy Judge J-