Yashwant Kumar Thawait v. The State Of Chhattisgarh

1. NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.373 of 2016 • Yashwant Kumar Thawait, Aged about 34 years, R/o Village and Post Basdei, Tahsil and P.S. Surajpur, District Surajpur (CG) ---- Petitioner

Versus

1. The State of Chhattisgarh, Through the Secretary, Department of Health and Family Welfare, Mahanadi Bhawan, Mantralaya, Post and PS Mandir Hasaud, District Raipur (CG)

2. Divisional Joint Director, Health Services, Sarguja Division, Post and PS Ambikapur, District Sarguja (CG)---- Respondent For Petitioner Mr. Govind Dewangan, Advocate For Respondents/State Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/6/2016

1. This is an application for restoration of MCC No.992 of 2015 (filed for restoration of WPS No.2118 of 2014), which was allowed on 18.12.2015 subject to payment of cost of Rs.1000/- to the C.G. High Court Bar Association within a period of one week with further observation that if the cost is not paid within a period of one week, the order shall lose its efÏcacy.

2. Learned counsel for the petitioner would submit that due to lack of communication between the counsel and the client, the cost could not be deposited within time, therefore, the order passed in MCC No.992 of 2015 has lost its efÏcacy and as a result, the aforesaid MCC as well as the Writ Petition stand dismissed.

3. Having heard learned counsel for the petitioner,, IA No.01, an application for condonation of delay in filing the present MCC is allowed and the delay is condoned and it is further directed that on petitioner's depositing cost of Rs.2000/- with the C.G. High Court Middle Income Group Legal Aid Committee within a period of two weeks from today, MCC No.992 of 2015 shall stand restored and revived.

4. It is made clear that if the cost of not deposited, this order shall lose its efÏcacy. Sd/- Judge (Prashant Kumar Mishra) Shyna