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High Court Of ChhattisgarhMCC/693/2017allowed

Smt. Asha Yadav v. State Of Chhattisgarh

2017-09-19Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 693 of 2017 (Arising out of judgment/order dated 24.07.2017 in Case No. Writ Petition No. 6150 of 2005 of the learned Hon'ble Court) Smt. Asha Yadav W/o Shri Rajendra Yadav, Aged about 32 years, presently posted as Lower Division Clerk, Chhattisgarh Paryavaran Sanrakshan Mandal (Pollution Control Board) Raipur, District Raipur, Chhattisgarh. ---- Petitioner

Versus

1. State of Chhattisgarh through The Secretary, Housing and Environment Department, D.K.S. Bhawan (now Mahanadi Bhawan), Mantralaya, New Raipur, Chhattisgarh.

2. State of Madhya Pradesh, through The Principal Secretary, M.P. Govt. Housing and Environment Department, Mantralaya, Vallabh Bhawan, Bhopal (M.P.)

3. Secretary, Madhya Pradesh Pollution Control Board, Bhopal (M.P.)

4. President, Chhattisgarh Paryavaran Sanrakshan Mandal (Pollution Control Board) Raipur, Chhattisgarh.

5. Secretary, Housing & Environment Department, State of Chhattisgarh, Raipur, Chhattisgarh.

6. Chief Engineer and Special Vigilance Officer, Chhattisgarh, Pollution Control Board, Raipur, Chhattisgarh.

---- Respondents For Petitioner :

Mr. C.R. Sahu, Advocate.

For Respondents/State :

Mr. Gary Mukhopadhayay, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19/09/17 Heard on application for restoration of Writ Petition No. 6150 of 2005. 2.

The applicant is seeking restoration of Writ Petition No. 6150 of 2005

which was dismissed by this Court for want of prosecution vide order dated 24.07.2017.

3.

On due consideration of the submissions made by the learned counsel for the applicant and the grounds taken in the restoration petition, I am satisfied that the absence of the applicant's counsel on 24.07.2017, when the Writ Petition No. 6150 of 2005 was taken up for hearing, was based on bonafide grounds.

4.

The M.C.C. No. 693 of 2017 is, therefore, allowed and the Writ Petition No. 6150 of 2005 is restored to its original number subject to payment of cost of Rs. 5000/- (Five Thousand Only) to the High Court Legal Aid Committee within ten days from today.

Sd/- (Sanjay K. Agrawal) Judge Priyanka