Durgesh Singh Chandel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 715 of 2015 Durgesh Singh Chandel S/o Shri Sanat Singh Chandel, Aged About 34 Years District Police Force Bastar (Jagdalpur), Constable No. 1663, R/o Village- Khouna, P.S. Dharsiwa, Civil And Revenue District- Raipur, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through- Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, P.S. Rakhi, Civil And Revenue District- Raipur, Chhattisgarh

2. The Superintendent Of Police Jagdalpur, District Bastar Place Jagdalpur, Chhattisgarh

3. The Inspector General Of Police Bastar Zone Lal Bag, Jagdalpur, District Bastar Place Jagdalpur, Chhattisgarh (Non- Applicants) ---- Respondents For Applicant :

Shri Rakesh Thakur, Advocate For Respondents :

Smt. Mala Dubey, Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/12/2015

1. Heard on I.A.No.1, application for condonation of delay in filing restoration application (MCC).

2. For the reasons stated in the application that dismissal of the case was not known to the parties and it is only when the applicant contacted the counsel that he came to know about the fact and, therefore, delay has occurred in filing MCC.

3. Upon due consideration, the application is allowed. Delay in filing restoration application (MCC) is condoned.

4. Heard on prayer for restoration of WP (S) No.2565/2010.

5. Taking into consideration the reasons assigned in the application, I am satisfied that just and sufficient cause is made out for non- appearance of the applicant on 16th March, 2012.

6. The application (MCC) is accordingly allowed. Order dated 16th March, 2012 dismissing Writ Petition (S) No.2565/10 is hereby recalled and the writ petition is restored to its original number.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen