Mukhi Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.221 of 2017 Mukhi Ram S/o Bhikha Ram, Aged About 36 (Now 47) Years, Occupation Secretary, R/o Batara, Tahsil Pali, District Korba, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Secretary Panchayat Department, D.K.S. Building, Raipur, Chhattisgarh

2. The Director, Panchayat And Social Welfare, Chhattisgarh, Raipur, Chhattisgarh

3. The Deputy Director, Panchayat And Social Welfare, Korba, Chhattisgarh

4. The Collector, (Panchayat Branch), Korba, Chhattisgarh

5. The Chief Executive Officer, Janpad Panchayat Pali, District Korba, Chhattisgarh

6. The Sarpanch, Gram Panchayat, Batra, Tahsil Pali, District Korba, Chhattisgarh ---- Non-applicants For Applicant :

Mr. Punit Ruparel, Advocate For State :

Mr. Mazid Ali, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/03/2017 (1) Heard on I.A. No.01, application for condonation of delay in filing the MCC.

(2) On due consideration, I am satisfied that the applicant has succeeded in explaining the cause of delay in filing the MCC and,

therefore, I.A.No.01 is allowed. Delay in filing the MCC is condoned. (3) Learned counsel for the applicant is heard on restoration application.

(4) The applicant is seeking restoration of Writ Petition No.806/2005 which was dismissed for want of prosecution vide order dated 25.10.2016.

(5) 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 25.10.2016 when Writ Petition No.806/2005 was taken-up for hearing was based on bonafide grounds.

(6) Accordingly, M.C.C. No.221/2017 is allowed and Writ Petition No.806/2005 is restored to its original number subject to payment of cost of Rs.3,000/- payable to the High Court Legal Aid Committee within 15 days from today.

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