The Chhattisgarh High Court disposed of a writ petition challenging a transfer order. The Court held the petition infructuous as the transfer was not permanent and was neutralized by an interim stay, making further examination unnecessary.
Petition disposed of. Respondents given liberty to pass appropriate orders. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR
W.P.(S)No. /—f £-> '2-/2009
| PETITIONER | : | Banderam Bairagi, S/o. Tejuram, Aged about 49 years^ R/o. Sitapur., Surguja, District Surguja (CG) VERSUS |
|---|---|---|
| RESPONDENTS | / 1] | State of Chhattisgarh, Through: Secretary., Panchayat & Gramin Vikas Vibhag, D.K.S. Bhawan^ Raipur, DistrictRaipur(CG) |
| /2] | Chhattisgarh Rural Road Development Authority, through: Chief Executive Officer, Civil Lines, Raipur (CG) |
|
| ^3] | Superintending Engineeri^g, Pradhanmatri Gram Sadak Yojna, |
|
| OfficeofVikas Ayukta, Raipur(CG) | ||
| 4] | Project Implementation Unit No.5^ |
|
| through: Executive Engineer, Pradhanmatri Gram Sadak Yojna, Sitapur, District Surguja(CG) |
||
| WRIT PE | 5] TITION CONST |
Secretary, Water Resources Department, D.K.S. Bhawan, Raipur DistrictRaipur(CG) UNDERARTICLE 226 OFTHE ITUTION OF INDIA |
HIGH COURT OF CHHATTISGARH, BILASPUR
SINGLE BENCH : HON'BLE SHRI PRASHANT KUMAR MISHRA, J.
W.P.(S)No. 462 of 2009
PETITIONER
Banderam Bairagi.
Versus
RESPONDENTS State of Chhattisgarh and others.
Shri Manoj Paranjpe, counsel for petitioner. Shri Shashank Thakur, Govt. Advocate for the State.
ORAL ORDER (01/08/2014)
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The petitioner has filed this petition challenging the order dated 01/10/2008 by which the petitioner has been transferred from BatauliDistrict Surguja to Sitapur District Surguja.
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Sd/PrashantKumar Mishra Judge
2 issues framed by the court
Whether a writ petition challenging a transfer order remains maintainable when the transfer period is not permanent and the order is rendered inoperative by an interim stay.
Whether the court should examine the validity of a transfer order when the petition has become infructuous due to changed circumstances.
1 provisions across 1 enactments
Banderam Bairagi
State of Chhattisgarh
Chhattisgarh Rural Road Development Authority
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
