Vinod Chandra Joshi v. State Of Chhattisgarh And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1588 of 2015 Vinod Chandra Joshi S/O Shri Khima Nand Joshi Aged About 49 years R/O Shop No. 10, Adivashi Vikas Parisar , Chitrakut Road, Jagdalpur, District Batar, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Scheduled Caste, Scheduled Tribe And Bakward Class Welfare Department, D.K.S. Bhawan, Mantralaya, Raipur, (Chhattisgarh)

2. The Commissioner, Tribal Development, Raipur, (Chhattisgarh)

3. The Secretary, Mata Rukamani Sewa Sansthan Samiti, Dimrapal, Tah & District Jagdalpur (Bastar), (Chhattisgarh) ---- Respondents For Petitioner :- Shri K.P.S. Gandhi, Advocate For Respondents-state.

:- Shri A.V. Shridhar, PL.

Hon'ble Shri Justice P. Sam Koshy Order On Board 04/05/2015 1.

The matter is listed today on the note of the Registry for removing the default as per the office note dated dated 16.04.2015. 2.

Counsel for the petitioner submits that in an identical writ petition i.e. W.P.(S) No. 5508/2014 was earlier filed before this Court relying upon the same documents on which the registry has pointed out the default in the present case. However, the said writ petition i.e. W.P.(S) No. 5508/2014 was disposed of by the Coordinate Bench on 16.10.2014 with an observation that since the case of the petitioner is similar to the decision rendered by this Court in the case of Smt. A. Lall v. State of Chhattisgarh and others 2007(1) BLJ, 265, the case of the petitioner in W.P. (S) 5508/2014 be also considered accordingly.

3.

Counsel for petitioner prays that it is the same documents which is relied upon in the present writ petition and prays that the default pointed out by the registry may be ignored and the present writ petition may be disposed

of in terms of the order passed in W.P.(S) No. 5508/2014 on 16.10.2014. 4.

State counsel on due verification of the fact submits that the present case is also similar and can be disposed of in terms of the above referred writ petition.

5.

In light of the submissions made by the counsel for the parties, the default pointed out by the registry is overruled and the present writ petition is also disposed for in terms of the order dated 16.10.2014 passed in W.P.(S) No. 5508/2014. The petitioner herein is permitted to make the representation to the respondents in respect of his claim and the respondents in turn on receipt of the said representation shall consider and decide the same in accordance with law, keeping in view the judgment passed in Smt. A. Lall v. State of Chhattisgarh and others (Supra). The respondents shall consider and decide the representation in an objective manner strictly in accordance with law, within a period of one month from the date of receipt of the representation.

6.

In view of foregoing, nothing further survives in this petition for adjudication.

7.

Accordingly, the writ petition stands disposed of. (P. Sam Koshy) JUDGE Santosh