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High Court Of ChhattisgarhMCC/630/2017allowed

Deepan Kumar Chakravarty v. State Of Chhattisgarh

2017-09-18Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 630 of 2017 (Arising out of judgment/order dated 30.01.2017 in Case No. W.P. 1348 of 2004 of the learned Hon'ble Court) Deepan Kumar Chakravarty S/o Late De. J. C. Chakravarty Aged about 59 years (wrongly mentioned as Chadravarty) working as Assistant Commissioner, Tribal Development, Ambikapur, District Surguja, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department of Tribal Welfare, Behind University, Raipur, District Raipur, Chhattisgarh.

2. The Commissioner, Department of Tribal Welfare, D.K.S. Bhawan (now Mhanadi Bhawan), New Raipur, Chhattisgarh.

3. Mr. Imtiyaz Khan, Assistant Director, Tribal Welfare 2nd Floor, Bhopal, Madhya Pradesh.

4. Mr. T.P. Patel, Office Superintendent Commissioner, Tribal Welfare, Raipur, Chhattisgarh.

---- Respondents For Petitioner :

Shri Anoop Majumdar, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/09/17 Heard on application for restoration of Writ Petition No. 1348 of 2004. 2.

The applicant is seeking restoration of Writ Petition No. 1348 of 2004 which was dismissed by this Court for want of prosecution vide order dated 30.01.2017.

3.

On due consideration of the submissions made by the learned counsel for the applicant and the grounds taken in the restoration petition, I am

satisfied that the absence of the applicant's counsel on 30.01.2017, when the Writ Petition No. 1348 of 2004 was taken up for hearing, was based on bonafide grounds.

4.

The M.C.C. No. 630 of 2017 is, therefore, allowed and the Writ Petition No. 1348 of 2004 is restored to its original number subject to payment of cost of Rs.5000/- (Five Thousand Only) to the High Court Legal Aid Committee within ten days from today.

SD/- (Sanjay K. Agrawal) Judge Priyanka