Chowaram Sirmour v. State Of Madhya Pradesh (Now Chhhattisgarh)

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCC No.249 of 2019 Chowaram Sirmour Vs. State of Madhya Pradesh & Ors. 27.03.2019 Shri Keshav Dewangan, Advocate for the petitioner. Ms. Shriya Mishra, Panel Lawyer for the State. The present MCC has been filed seeking restoration of WPS No.4766 of 2005 which stood dismissed for want of prosecution on 10.08.2015.

The ground of challenge by the counsel for the petitioner is that the petitioner was not intimated so far as dismissal of the writ petition and that the counsel for the petitioner had filed Vakalatnama before the High Court subsequent to the dismissal of the writ petition which in due course of time was also accepted by the Registry and therefore the petitioner was under bonafide impression of the writ petition to be pending.

Considering the entire facts and circumstances of the case and particularly taking note of the fact that according to the petitioner the grievance of the petitioner is still surviving, subject to petitioner's paying a cost of Rs.750/- to the Chhattisgarh High Court Bar Association Library Fund (A/c No.32749718036) within a period of 7 days from today, WPS No.4766 of 2005 would stand restored to its original number, failing which the order would lose its efficacy. Accordingly, the MCC stands allowed.

Sd/- (P. Sam Koshy) Judge Inder