WP(C) 4047/2008 BEFORE THE HON’BLE MR. JUSTICE BP KATAKEY As agreed to by the learned counsel for the parties, the writ petition h as been taken up for disposal today. I have heard Mr. Goswami, learned counsel for the petitioner, Mr. Rahman , learned State counsel appearing on behalf of the respondent Nos. 1 to 4 and Mr . B Rahman, learned counsel appearing on behalf of respondent No. 5. Mr. B Rahman, learned counsel appearing on behalf of respondent No. 5 ha s prayed for taking into consideration the application filed in Misc. Case 2947/ 2008 while considering the prayer made in the writ petition. The prayer is allowed. The petitioner who is the Lot Mondal and posted at Lot No. 3, Juria Mouz a under the Circle officer, Rupahi Revenue Circle and who has been serving in th e said Lot for about six years was transferred vide order dated 29.7.2008 issued by the Circle Officer, Rupahi Revenue Circle and posted at Lot No. 3, Saidera M ouza vide respondent No. 5 who has been transferred in place of the petitioner. The case of the petitioner is that pursuant to the order of transfer he has been released from the office of Lot Mandal, Juria Mouza and joined his place of pos ting on 31.7.2008 but the respondent No. 5 was avoiding handing over of charge, which necessitated the respondent No. 4 to hand over certain records to the peti tioner for the purpose of discharging his duties as Mandal in his transferred pl ace of posting. According to the petitioner, while he was discharging his duties in the transferred place of posting the Circle Officer has passed the impugned order dated 8.9.2008 whereby and whereunder the order of transfer dated 29.7.200 8 has been stayed until further orders. The petitioner’s case is that since the order or transfer has already been acted upon there is no question of staying th e said order of transfer dated 29.7.2008. Mr. Rahman, learned State counsel appearing on behalf of the respondent No. 4 has produced certain records before this Court relating to the transfer an d stay thereafter. It appears from the said record that the petitioner pursuant to the order of transfer dated 29.7.2008 has joined his duties in the place of p osting namely Lot No. 3, Saideria Mouza, prior to passing of the impugned order dated 8.9.2008. It further appears from the said record that as the respondent No. 5 avo ided handing over of charge, the Circle officer on 20.8.2008 issued a show cause notice asking him to show cause as to why disciplinary action should not be tak en against him for avoiding handing over of the charge, to which though the resp ondent No. 5 submitted his reply on 24.8.2008, the same has been rejected by the Circle Officer by communication dated 30.8.2008. The records produced by the le arned State counsel further reveals that the order of transfer dated 29.7.2008 h as been acted upon and the Circle Officer issued the order dated 8.9.2008 stayin g the operation of the transfer order, thereafter. The respondent No. 5 in the application seeking modification/vacation/al teration of the interim order whereby and whereunder this Court has stayed the o rder dated 8.9.2008 passed by the Circle Officer, has contended that on the basi s of his prayer for allowing him to stay at Lot No. 3, Saideria Mouza, because o f unfinished work, for a period of six months, the order of transfer dated 29.7. 2008 was stayed vide order dated 8.9.2008. The learned counsel for the responden t No. 5 has however fairly submitted that pursuant to the interim order issued b y this Court vide order dated 22.9.2008 the charge in respect of Lot No 3 of Sai deria Mouza has been handed over to the petitioner and the respondent No. 5 has also joined his place of posting. Since the order of transfer dated 29.7.2008 has been acted upon and purs uant to which the petitioner has joined his duties at Lot No 3 of Saideria Mouza , there cannot be any order staying the operation of the said transfer order, th e same having been implemented. In view of the above, the impugned order dated 8.9.2008 stands set aside . The writ petition stands allowed.