Rameshwar Prasad v. The Commissioner, Municipal Corporation, Bhilai And ANR.

HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.524 of 2015

1. Rameshwar Prasad, son of Shivji Singh, aged about 37 years, resident of Supela, Bhilai, Tahsil and District Durg (CG) ---- Applicant

Versus

1. The Commissioner, Municipal Corporation, Bhilai, District Durg (CG)

2. The State of Chhattisgarh, through the Secretary, Town Planning Department, DKS Bhawan, (now Mahanadi Bhawan, New Raipur) ---- Respondents For Applicants : Shri BP Singh, Advocate.

For respondent No.2.

: Ms. Pushpa Dwivedi, Panel Lawyer.

Order On Board 14/07/2015 Heard on IA No.01, application for condonation of delay in filing the MCC.

2.

The instant MCC has been preferred after 988 days of its limitation, as per the Office note.

3.

The MCC has been preferred for restoration of WP(C) No.524 of 2011 which was dismissed for want of prosecution on 10.9.2012. 4.

Learned counsel for the applicant submits that the counsel who earlier represented the applicant did not inform regarding dismissal of the aforesaid writ petition. The applicant came to Bilaspur on 25.6.2015 and enquired about the status of the case, then he came to know about the dismissal of his petition. Thereafter he immediately applied for the certified copy of the order and after receiving it, he filed the instant MCC.

5.

Though the application for condonation of delay is supported by affidavit, the fact is not mentioned whether for this alleged act any proceedings were initiated before the concerned authority regarding alleged professional misconduct.

6.

On due consideration, as the instant MCC has been preferred after 988 days of its limitation, I am not inclined to condone the delay. Consequently, IA No. is dismissed as not maintainable. Consequently, MCC is also dismissed as barred by time. No order as to cost. Sd/- (Chandra Bhushan Bajpai) JUDGE Bini