Allahabad High Court
BALBIR SINGHversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The petition is dismissed as it is not in the interest of justice to keep it pending, and the petitioner may seek review of the transfer orders after hearing Respondent‑5.
Summary
The petitioner, Balbir Singh, filed a writ petition challenging his own transfer order as well as that of Respondent‑5. The court noted that notice to Respondent‑5 had been issued but no service report was on record, and there was no interim order. Considering these procedural deficiencies, the court held that it would not be in the interest of justice to keep the petition pending. Consequently, the petition was disposed of, with the court directing the petitioner to approach the concerned respondent for a review of the transfer orders after a hearing of Respondent‑5 in accordance with law. No substantive merits of the transfer orders were examined.
Issues considered
- Whether the writ petition challenging the transfer orders is maintainable in view of lack of service of notice to Respondent‑5
- Whether the court should entertain the petition pending procedural deficiencies
Subjects
- transfer order
- writ petition
- service of notice
- procedural dismissal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 18097 of 2018
Balbir Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shri Ashok Khare, Sr. Advocate,
Siddharth Khare
Counsel for Respondent(s) : C.S.C.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Siddharth Khare, learned counsel for petitioner and learned
Standing Counsel for State-Respondents.
2. By means of present writ petition petitioner has not only challenged his
transfer order but transfer order of Respondent-5 also.
3. Notice was issued to Respondent-5, however, service report is not on
record.
4. There is no interim order in present case.
5. In aforesaid circumstances, it will not be in the interest of justice to
keep this writ petition pending and it is disposed of that petitioner can
approach concerned respondent to review the impugned transfer orders
after hearing Respondent-5 also in accordance with law.
6. A copy of this order shall be placed on record of Writ-A No. 1480 of
2019.
(Saurabh Shyam Shamshery,J.)
May 4, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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