High Court Of ChhattisgarhWPS/6486/2021allowed

Amrit Kumar Medhe v. State Of Chhattisgarh

2021-11-23Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.6486 of 2021 Amrit Kumar Medhe, S/o Late Govind Medhe, aged about 61 years, posted as Patwari, at P.C. No.9, Tahsil Dongargarh, District Rajnandgaon (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, through Principal Secretary, Department of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar, District Raipur (C.G.)

2. The Collector, Rajnandgaon, District Rajnandgaon (C.G.)

3. The Sub Divisional Officer (Revenue), Dongargarh, District Rajnandgaon (C.G.)

4. Shri Likesh Kumar Sahu, posted Patwari at P.C.No.8, Bilhari, Tahsil Dongargarh, District Rajnandgaon (C.G.) ---- Respondents ---------------------------------------------------------------------------------------------------------- For Petitioner:

Mr. Abhishek Pandey, Advocate.

For Respondents No.1 to 3 / State: - Mr. Amrito Das, Additional Advocate General and Mr. Neeraj Pradhan, Panel Lawyer, on advance copy.

---------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/11/2021

1. The petitioner had earlier, challenged the order of transfer dated 7-82021 by filing a writ petition in which this Court directed the Sub Divisional Officer (Revenue) to decide the representation made by the petitioner which has been rejected by the impugned order dated 22-102021 without application of mind.

2. A careful perusal of the impugned order dated 22-10-2021 would show that the petitioner's representation has been rejected and nothing has been considered objectively, and the representation of the petitioner has been rejected by an unreasoned and non-speaking order. The petitioner is going to retire on 28-2-2022.

3. Since the order impugned dated 22-10-2021 rejecting the representation of the petitioner has been passed without application of mind by an unreasoned and non-speaking order, it is hereby set aside and the matter is remitted to the Sub Divisional Officer (Revenue), Dongargarh to pass a speaking and reasoned order afresh within one month from the date of receipt of a copy of this order.

4. The writ petition is allowed to the extent indicated herein-above. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Soma