Preeti Khokhar Chakhiyar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 126 of 2017 • Preeti Khokhar Chakhiyar W/o Shri A.Khokhar, Aged About 36 Years Presently Posted And Working As District Programme Officer, Women And Child Development Department, Kanker, District Utter Bastar Kanker, Chhattisgarh, Mob. No. 9301781515 ---- Applicant

Versus

1. State Of Chhattisgarh Through: The Secretary Department Of Women And Child Development D.K.S. Bhawan Building Now Mahanadi Bhawan, Mantralaya Naya Raipur, District Raipur, Chhattisgarh

2. The Commissioner, Women And Child Development, Raipur, District Raipur, Chhattisgarh

3. Sushri Archana Rana, Officiating Deputy Director, Directorate, Women And Child Development Department, Raipur, District Raipur, Chhattisgarh

4. Smt. C.S.Lal, Officiating Deputy Director, Directorate, Women And Child Development Department, Raipur, Chhattisgarh

5. Shri Pratik Khare, Officiating Deputy Director, Directorate, Women And Child Development Department, Raipur, Chhattisgarh

6. Shri Dilawar Singh Maravvi, Officiating District Programme Officer, Department Of Women And Child Development, Ambikapur, District Surguja, Chhattisgarh ---- Respondents For Applicant :

Shri T.K. Jha, Advocate For Respondent No.1 & 2 :

Shri Satish Gupta, Govt. Advocate on advance copy.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 10/02/2017 1.

Heard on I.A.No.1/2017 for condonation of delay in filing the MCC as it is barred by 1100 days.

2.

Learned counsel for the applicant would submit that due to frequent

transfer for 6 times and some family problems, the applicant was upset and meanwhile, she also lost the briefs. Recently, she came to know regarding the dismissal of petition on 21.10.2013 for want of prosecution, the delay is bonafide and unintentional, therefore, the same may be condoned and the MCC may be admitted for hearing and Writ Petition No.3764/2004 may be disposed of on its merits as the response of the State was also filed in the said Writ Petition.

3.

Perused the copy of the order sheet.

4.

On due consideration, as the applicant fails to satisfy the delay of 1100 days in filing the MCC, therefore, I.A.No.1/2017 is dismissed. 5.

Accordingly, the MCC is also dismissed as barred by 1100 days. However, the applicant may raise the cause and the issue involved in Writ Petition No. 3764/2004 in a subsequent petition available under the law. Sd/ (Chandra Bhushan Bajpai) Judge s/