High Court Of ChhattisgarhMCC/444/2020allowed

Smt. Anusuiya Bai v. State Of Chhattisgarh

2020-09-30Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 444 of 2020

1. Smt. Anusuiya Bai, W/o Shri Krishna Kumar Miri, Aged About 22 Years (Now Aged About 31 Years), Resident Of Birkona, Tahsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through The Secretary, Women And Child Department, D.K.S. Bhawan, Raipur (Now Mahanadi Bhawan), New Raipur, District : Raipur, Chhattisgarh

2. Hem Bai, D/o Kuwanru Ram Satnami, Aged About 23 Years, R/o Birkona, Tahsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh

3. Chief Executive Officer, Janpad Panchayat, Tahsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh

4. Project Officer, Integrated Women And Child Development Project, Pandariya, District : Kawardha (Kabirdham), Chhattisgarh

5. Commissioner, Raipur Division, Raipur, District : Raipur, Chhattisgarh

6. Collector, Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh -----Respondents For Applicant :

Mr. Goutam Khetrapal, Advocate For State :

Mr. Sudeep Verma, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 30.09.2020

1. The present MCC has been filed seeking restoration of WPS No. 1241 of 2011 (Annexure A-1), which got dismissed for want of prosecution vide order dated 21.07.2020.

2. The counsel for the applicant submits that because of the certain precarious conditions, the counsel nor the petitioner was available to

-2contest the case and prays for restoration of the case, subject to some imposition of penalty the matter may be restored.

3. On due consideration of the prayer made by the counsel for the applicant, subject to the applicant paying a cost of Rs. 5,000/- to the Chhattisgarh High Court Bar Association Library Fund, Account No. 32749718036 within 7 days from today, the Writ Petition (S) No. 1241 of 2011 would stand restored to its original number.

4. The Registry is directed to list the matter on the 27.10.2020 on which date, the matter shall not be adjourned at any circumstance and the counsel for the applicant shall have to argue the matter on merits. The cost should be deposited within seven days, failing which this order passed by this Court would lose its efficacy and the matter would get restored only upon the applicant furnishing the deposit/receipt of the cost.

5. Accordingly, the present MCC stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge Rahul