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High Court Of ChhattisgarhMCC/285/2018allowed

Sanjay Yadav v. State Of Madhya Pradesh Now Chhattisgarh

2019-07-09Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Civil Case No.285 of 2018 • Sanjay Yadav S/o Arjunlal Yadav Aged About 52 Years R/o Village And Post Office Pandadh Tehsil Khairagarh, District Rajnandgaon, Chhattisgarh ---- Applicant

Versus

1. State Of Madhya Pradesh Now Chhattisgarh Through Secretary Education Department, Mantralaya New Raipur, Police Station Rakhi, Tahsil And District Raipur, Chhattisgarh

2. Shri P.K.Verma Joint Director, Lok Shikshan (School Education) Durg, District : Durg, Chhattisgarh

3. Harish Kumar (Died) Through Legal Heirs3(A) Smt. Asha Yadu W/o Late Shri Harish Kumar Aged About Years 3(B) Rahi Yadu S/o Late Shri Harish Kumar Aged About 25 Years 3(C) Kumari Khusbu D/o Late Shri Harish Kumar, Aged About Years 3(D) Kumari Devika D/o Late Shri Harish Kumar, Aged About 13 Years All 3(A) to 3(D) are R/o. Village Pandadah, Tahsil Khairagarh, Ditt. Rajnandgaon, Chhattisgarh

4. Dy. Director Lok Shikshan (School Education) Kawardha, District Rajnandgaon, Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------- For the Applicant : Shri Chandradeep Prasad, Advocate For respondents 1 & 4/State : Smt. Smita Jha, Panel Lawyer For respondents 3(A) to 3(D) : Shri CK Sahu, Advocate ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 09.7.2019.

1.

Heard on application for restoration of Writ Petition (S) No.1078/2005 which was dismissed for want of prosecution on 28.10.2009.

2.

As per the applicant, he has engaged counsel to argue the matter but the counsel did not inform about the progress of the case and did not appear before this Court for which he should not be punished, therefore, he has bonafide reason for restoration of the said petition.

3.

For the reasons mentioned in the application which is duly supported with an affidavit, I am satisfied that sufficient cause has been shown for restoration of WPS No.1078/2005. 4.

Accordingly, the application (MCC) is allowed and Writ Petition (S) No.1078/2005 is restored to its original number and the same be listed for final hearing on 23.7.2019. Sd/- (Ram Prasanna Sharma) JUDGE Bini