Vishwanath Alias Vishwanath Gupta Vs State of U.P. Thru. Prin. Secy. Urban Development Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Vishwanath Alias Vishwanath Gupta Vs State of U.P. Thru. Prin. Secy. Urban Development Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to submit a comprehensive representation against the transfer order dated 15.06.2025 before respondent no. 1 within one week; the representation to be decided in accordance with law within four weeks of receipt; and, till disposal of the representation, no coercive action in pursuance of the impugned transfer order (benefit forfeited if the representation is not submitted in time).

Issue for consideration

Whether the various grounds raised by the petitioner against the impugned transfer order dated 15.06.2025 (Lucknow to Varanasi) and the relieving order dated 15.07.2025 warranted direct adjudication by the Court, or fell to be considered by the respondents at the first instance.

Court's answer

Without entering into the merits of the case, the petition was disposed of, leaving it open to the petitioner to submit a comprehensive representation against the impugned transfer orders dated 15.06.2025 before respondent no. 1 within one week from the date of the order.

Ratio / Principle

If a representation is made, respondent no. 1 shall decide it in accordance with law considering the grounds taken by the petitioner, within four weeks from the date of receipt of the representation alongwith copy of the order.

Key takeaways

As interim protection, till disposal of the representation no coercive action shall be taken by the respondents against the petitioner in pursuance of the impugned transfer order.ratio¶11
The benefit of the order is conditional: if the petitioner does not submit his representation within the specified time, the benefit of the order shall not be available to him.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 5 — WRIT - A No. - 7872 of 2025, neutral citation 2025:AHC-LKO:41489, decided 21.07.2025 by Hon'ble Abdul Moin, J. Petitioner Vishwanath Alias Vishwanath Gupta challenged a transfer order dated 15.06.2025 moving him from Lucknow to Varanasi and the accompanying relieving order dated 15.07.2025. Holding that the grounds raised by the petitioner fell within those to be considered by the respondents at the first instance, the Court disposed of the petition without entering into the merits and directed: (i) submission of a comprehensive representation against the impugned transfer orders to respondent no. 1 (the State through its Principal Secretary, Urban Development, per the caption) within one week; (ii) decision of the representation in accordance with law, considering the grounds taken, within four weeks of receipt of the representation alongwith copy of the order; (iii) no coercive action in pursuance of the impugned transfer order till disposal of the representation; and (iv) forfeiture of the benefit of the order if the representation is not submitted within the specified time.

Neutral Citation No. - 2025:AHC-LKO:41489

Court No. - 5 Case :- WRIT - A No. - 7872 of 2025 Petitioner :- Vishwanath Alias Vishwanath Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 2 Others Counsel for Petitioner :- Abhiram Mishra Counsel for Respondent :- C.S.C.,Sankalp Dewari

Hon'ble Abdul Moin,J.

Heard learned counsel for petitioner, Sri P.K.Singh, learned Additional Chief Standing Counsel for the respondents no. 1 & 2 and Sri Anurag Tyagi, Advocate who has filed his Vakalatnama on behalf of the respondent no. 3

With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of.

Under challenge is transfer order dated 15.06.2025 , a copy of which is annexure no.1 to the petition. Also under challenge is the relieving order dated 15.07.2025, a copy of which is annexure 2 to the writ petition.

By means of the order dated 15.06.2025, the petitioner has been transferred from Lucknow to Varanasi.

Learned counsel for petitioner has raised various grounds to challenge the impugned transfer order, however the Court is of the view that the said grounds fall in the realm of the grounds to be considered by the respondents at the first instance.

Accordingly, without entering into the merits of the case, the present petition is disposed of leaving it open to the petitioner to submit a comprehensive representation against the impugned transfer orders dated 15.06.2025 before the competent authority i.e. respondent no. 1 within a period of one week from today.

In case a representation is made, respondent no. 1 shall proceed to decide the same in accordance with law considering the grounds taken by the petitioner in the representation, which would be decided within a period of four weeks from the date of receipt of the representation alongwith copy of this order.

Till disposal of representation no coercive action shall be taken by the respondents against the petitioner in pursuance of the impugned transfer order.

It is made clear that if the petitioner does not submit his representation within the time specified, then the benefit of this order shall not be available to him.

Order Date :- 21.7.2025 Pachhere/-

Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench