Mahendra Jain v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5407 of 2021 Mahendra Jain S/o Shri Dilip Kumar Jain Aged About 42 Years R/o Vardebhata, Kanker, District- Uttar Baster Kanker, Chhattisgarh ---- Petitioner

Versus

1.

The State Of Chhattisgarh Through Its Secretary, Revenue And Disaster Management, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh 2.

The Collector District- Uttar Bastar Kanker, Chhattisgarh 3.

The Additional Collector District- Uttar Baster Kanker, Chhattisgarh ----Respondents For Petitioner :

Mr. Parag Kotecha, Advocate For State :

Mr. Ayaz Naved, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/10/2021 1.

Aggrieved by the impugned order Annexure P-1, the present writ petition has been filed. Vide the impugned order, the petitioner has been transferred from Arjuni P.H. No.22 to Pakhanjur Sub Division.

2.

Contention of the petitioner is that the impugned order has been passed during the ban period. The order of transfer is contrary to the transfer Policy of the State Government.

3.

All said and done, the plain reading of the impugned order clearly reflects that change of place of posting made by the Additional Collector, Uttar Bastar, Kanker. The distance between the two place of is not too far distance, which could cause great inconvenience to the petitioner. Accordingly, this Court is reluctant to entertain the writ petition at this juncture. However, in case if the petitioner is not satisfied with the present place of posting, the only recourse available to the petitioner is to make

appropriate representation to the authorities concerned which according to the petitioner, he has already made and his representation is still pending consideration.

4.

Given the said facts, respondent No.3 is directed to consider the representation of the petitioner on its own merits in accordance with the transfer policy and rules for change of place of posting is concerned at the earliest preferably within a period of six months. 5.

While deciding the representation of the petitioner, the authorities are also expected to consider the same keeping in view the circular of the State Government dated 09.07.2021 in respect of shifting of the Patwaris from one place of another is concerned.

6.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved