High Court Of ChhattisgarhMCC/12/2018allowed

Jodhiram Baghel v. State Of Chhattisgarh

2018-01-15Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.12 of 2018 Jodhiram Baghel S/o Babu Lal Baghel, Aged About 40 Years Caste Agrawal, Panchayatkarmi Village Panchyat R/o Village Barda Block Balodabazar, Tahsil Balodabazar, Raipur, Chhattisgarh, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Gramin Vikas Vibhag D.K.S. Bhawan Now Mahanadi Bhawan District Raipur, Chhattisgarh, Chhattisgarh

2. Gram Panchayat Barda, Through Sarpanch Janpad Panchayat Barda, Block And Tahsil Balodabazar District Raipur, Chhattisgarh, Now Balodabazar, District : BalodabazarBhathapara, Chhattisgarh

3. Gram Sabha Barda, Through Secretary Janpad Panchayat Barda Block And Tahsil Balodabazar, District Raipur, Chhattisgarh, Now Balodabazar, District : BalodabazarBhathapara, Chhattisgarh

4. The Chief Executive Officer, Janpad Panchayat Baloda Bazar District Raipur, Chhattisgarh, Now Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh

5. The Sub Divisional Officer Revenue, Village Barda Block And Tahsil Balodabazar District Raipur, Chhattisgarh, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh

6. The Additional Collector, Balodabazar District Balodabazar, Chhattisgarh, Now Balodabazar, District : BalodabazarBhathapara, Chhattisgarh ---- Non-applicants For Applicant : Mr. N.K. Malaviya, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/01/2018 (1) Learned counsel for the applicant is heard on restoration application.

(2) The applicant is seeking restoration of Writ Petition No.1853/2005 which was dismissed for want of prosecution vide order dated 04.12.2017.

(3) On due consideration of the submissions of the learned counsel for the applicant and the grounds taken in the restoration application, I am satisfied that the absence of the applicant's counsel on 04.12.2017 when Writ Petition No.1853/2005 was taken-up for hearing was based on bonafide grounds.

(4) Accordingly, M.C.C. No.12/2018 is allowed and Writ Petition No.1853/2005 is restored to its original number subject to payment of cost of Rs.3,000/- to the High Court Legal Aid Committee within 15 days from today.

Sd/- (Sanjay K. Agrawal) Judge L/-