Citation : 2021 Latest Caselaw 5689 MP
Judgement Date : 20 September, 2021
1 WP-18682-2021
The High Court Of Madhya Pradesh
WP-18682-2021
(SUHAIL FATIMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 20-09-2021
Shri D.C. Mallik, counsel for the petitioner.
Shri Rahul Deshmukh, Panel Lawyer for the respondents/State.
Challenge being made to the transfer order dated 31.08.2021 (Annexure P -1); whereby the petitioner has been transferred from Maharajpur to Gachina.
I t is pointed out that the petitioner is suffering from diabetes, high cholesterol and heart disease etc. He has been transferred to an interior village; wherein there is no transportation to go to Gachina from Jatara Bypass. In such circumstances, an innocuous prayer has been made by the petitioner with a direction to the respondents to consider and decide the same expeditiously.
P er contra, State counsel has opposed the prayer stating that the transfer is on administrative exigencies. The representation submitted by the petitioner will be considered and decided expeditiously. He has relied upon
the judgments of the Division Bench of this Court in the case of R.S. Chaudhary and Others v. State of M.P. and Others, ILR (2007) MP 1329 and in the case of Mridul Kumar Sharma v. State of M.P. and Others reported in ILR (2015) MP 2556. In such circumstances, no interim relief can be granted to the petitioner.
Heard the learned counsel for the parties and perused the record. Considering the overall facts and circumstances of the case, this Court deem it appropriate to dispose of the writ petition with a direction to the petitioner to submit a fresh representation to the respondent no.2 supported by all the documents within a period of 7 days from today and in case such a representation is submitted, the respondent no.2 is directed to dwell upon the same and pass a self contained speaking order and communicate the outcome Signature Not SAN Verified to the petitioner within a period of 15 days from the date of receipt of Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.09.21 11:49:05 IST 2 WP-18682-2021 certified copy of this order.
Needless to say that this Court has not commented upon the merits of the case.
With the aforesaid observations, this petition stands disposed of. Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
taj
Signature
SAN Not
Verified
Digitally signed by
TAJAMMUL
HUSSAIN KHAN
Date: 2021.09.21
11:49:05 IST
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