2023 Supreme(Online)(MP) 2986
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
th
ON THE 18 OF DECEMBER, 2023 WRIT PETITION No. 30678 of 2023
BETWEEN:-
LAV PRATAP SINGH S/O SHRI VEER VIKARAM SINGH, AGED ABOUT 34 YEARS, WARD NO. 26 LANE NO. 10 RAJENDRA NAGAR TEHSIL RAGHURAJNAGAR
DISTRICT SATNA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI CHAUDHARY MAYANK- ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY FOREST DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE PRINCIPAL CHIEF CONSERVATOR HEAD
FOREST FORCE SATPURA BHAWAN BHOPAL
(MADHYA PRADESH)
3. DIVISIONAL FOREST OFFICER FOREST SATPURA
BHAWAN BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI RITWIK PARASHAR - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, the court passed the following:
Choudhary Mayank Singh,Advocate General
ORDER
Heard finally with the consent of the parties.
By the present petition under Article 226 of the Constitution of India, petitioner has prayed for issuance of necessary directions to the respondents to take decision in respect of appointment of the petitioner.
According to the petitioner, he is working as Forest Ranger and he was posted in Forest Range Office, Panna and transferred by order dated 10.07.2023 to Buxwaha Forest Division, Chhatarpur. The petitioner reported at Buxwaha Forest Division, Chhatarpur by giving joining application on 12.07.2023. The petitioner was posted in place of one Suresh Kumar Sachan, who was earlier transferred to Forest Range Office, Panna, however, Suresh
Kumar Sachan challenged his transfer order in W.P.No.23373/2019 wherein on
05.11.2019, stay was granted and the said writ petition was disposed of in Lok- Adalat on 13.05.2023 and the transfer order was quashed and liberty was granted to the State to pass fresh order in accordance with law if administrative exigency so arises, but without passing any fresh order, Suresh Kumar Sachan was relieved and in his place, present petitioner was posted. Thereafter, Suresh Kumar Sachan challenged the action of the respondents in W.P.No.17094/2023, by which the relieving order dated 14.07.2023 is quashed and he was permitted to work in Forest Range, Buxwaha until and unless, fresh transfer order is passed. Thereafter, once again he has joined in Buxwaha Forest Division,
Chhatarpur.
Petitioner submitted letter and representation to the D.F.O., Chhatarpur on 27.10.2023 and 04.12.2023 with a request to take decision in respect of the petitioner because the petitioner who has reported in Buxwaha Forest Division, Chhatarpur is at present not posted on any post. The representation has not been decided till now. Respondents should decide the application/representation of the petitioner and therefore, the petitioner has approached this Court by preferring the present writ petition.
Learned counsel for the petitioner submits that the petitioner will be satisfied, if the direction is issued to the respondents to consider and decide the representation of the petitioner within the stipulated time period.
Accordingly, this petition is disposed off with a direction to the respondent no.2 The Principal Chief Conservator (Head of Forest Force) Bhopal that if the petitioner files a fresh representation within a period of fifteen days from today then the same shall be decided by the respondent no.2 within a further period of thirty days by passing a speaking and reasoned order in accordance with law.
It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid observations, this writ petition is disposed off.
(VINAY SARAF)
JUDGE