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High Court Of ChhattisgarhWPS/4915/2016disposed off

Prabhakar Karadbhuje v. State Of Chhattisgarh

2016-09-20Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4915 of 2016 Prabhakar Karadbhuje S/o Late Shri Baburao Karadhuje, Aged About 60 Years R/o Shaheed Rajeev Pandey Ward No 54, Tikrapara Raipur Police Station Tikrapara, Distirct Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Secretariat, Mahanadi Bhawan, New Raipur, P.S. And Post Rakhi, Distirct Raipur Chhattisgarh

2. Collector, Office Of The Collectorate District Gariyaband Chhattisgarh

3. Sub Divisional Officer, Revenue Office Of The Sub Divisional Officer, Gariyaband, District Gariyaband Chhattisgarh ---- Respondents For Petitioner : Shri Abhishek Pandey, Advocate For Respondent-State : Shri D.R. Minj, Dy. Govt. Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/09/2016 Heard on admission.

1.

The petitioner has challenged the transfer order passed by the Collector on 30.07.2016 on the ground that on the same day, the State Government has also passed the order of transfer of the petitioner to District Raipur. It is submitted that in the case of conflict between two orders, as per transfer policy dated 11.06.2016, order passed by the State Government has to prevail. 2.

In view of the above, this petition is disposed off with the direction that the petitioner shall be subjected to transfer order passed by the State on 30.07.2016, notwithstanding the transfer order dated 30.07.2016 passed by the Collector.

-23.

In view of the decision of this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattisgarh and Others, 2015(4) C.G.L.J.182, the transfer order is required to be complied with unless it is modified, varied or cancelled. Sd/- (Manindra Mohan Shrivastava) Judge Rekha