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High Court Of ChhattisgarhMCC/721/2015allowed

Aklesh Kumar Sahu v. State Of Chhattisgarh

2015-09-03Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 721 OF 2015 Aklesh Kumar Sahu son of Shri Ishwar Ram Sahu, aged about 44 years resident of Gram Post Katal Board, Tahsil Kurud, District Dhamtari, Chhattisgarh ---Applicant

Versus

1.

State of Chhattisgarh, Through: the Secretary, Department of General Administration, D. K. S. Bhawan, Raipur, Chhattisgarh 2.

State of Chhattisgarh, Through: the Secretary, Department of Finance and Planning, D. K. S. Bhawan, Raipur, Chhattisgarh 3.

Collector, Dhamtari, District Dhamtari, Chhattisgarh 4.

Sagar Ram Sahu son of Shri Gulab Ram Sahu, posted as Driver in the Office of Sub Divisional Magistrate, Kurud, District Dhamtari, Chhattisgarh 5.

Shyamlal Sahu son of Shri Jageshwar Sahu, posted as Driver in the Office of Upper Collector Dhamtari, District Dhamtari, Chhattisgarh ---Non-applicants For applicant :

Mr. P.P. Sahu, Advocate For non-applicants No. 1 to 3 :

Mr. Neeraj Jain, Govt. Advocate For non-applicant No. 4 :

Mr. A.K. Prasad, Advocate For non-applicant No. 5 :

Mr. Shrawan Agrawal, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/09/2015 1.

Heard on I.A. No. 01, which is an application for condonation of delay in filing the MCC.

2.

On due consideration, I am satisfied that the applicant succeeded in explaining the cause of delay in filing the MCC and, therefore, the application (I.A. No. 01) is allowed. Delay in filling the MCC is condoned.

3.

Issue notice to the non-applicants.

4.

Mr. Neeraj Jain, Govt. Advocate, Mr. A.K. Prasad and Mr. Shrawan Agrawal, Advocate accept notice on behalf of the respective non-applicants. 5.

Also heard on restoration application.

6.

By way of this MCC, the applicant is seeking restoration of W.P.(S) No. 2588/2012.

7.

For non-compliance of the peremptory order dated 17/10/2014 passed by this Court, applicant's writ petition was dismissed by the office vide Office note dated 30/06/2015.

8.

Considering the grounds taken in the application and submission made by the applicant, M.C.C. No. 721/2015 is allowed and W.P.(S) No. 2588/2012, which was dismissed for non-compliance of the Court's order dated 17/10/2014, is restored to its original number. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari