Ram Khilawan Yadav v. Janpad Panchayat

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.958 of 2017 Ram Khilawan Yadav S/o Shri Khorbahara Yadav, Aged About 40 Years R/o Gondpara, Durg, Tahsil And District Durg, Chhattisgarh, Chhattisgarh ---- Applicant

Versus

1. Janpad Panchayat Through Chief Executive Officer, Durg, Chhattisgarh, Chhattisgarh

2. Collector, Durg, Chhattisgarh, District : Durg, Chhattisgarh

3. Deputy Director Panchayat, Panchayat And Social Welfare Department, Durg, Chhattisgarh, District : Durg, Chhattisgarh

4. Zila Panchayat, Through C.E.O. Durg, Chhattisgarh, District : Durg, Chhattisgarh

5. Smt. Puspa Dewangan W/o Late Shri Pukhraj Dewangan, Aged About 40 Years Peon, R/o Durg, Janpad Panchayat Durg, Chhattisgarh, District : Durg, Chhattisgarh ---Non-applicants For Applicant :

Mr. Amiyakant Tiwari, Advocate For State :

Mr. Shashank Thakur, Government Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/01/2018 (1) Learned counsel appearing for the applicant is heard on restoration application.

(2) The applicant is seeking restoration of Writ Petition No.4122/2004 which was dismissed for want of prosecution vide order dated 28.11.2017.

(3) On due consideration of the submissions of the learned counsel

for the applicant and the grounds taken in the restoration application, I am satisfied that the absence of the applicant's counsel on 28.11.2017 when Writ Petition No.4122/2004 was taken-up for hearing was based on bonafide grounds.

(4) Accordingly, M.C.C. No.958/2017 is allowed and Writ Petition No.4122/2004 is restored to its original number subject to payment of cost of Rs.3,000/- to the High Court Legal Aid Committee within a period of 15 days from today.

Sd/- (Sanjay K. Agrawal) Judge L/-