Bhakt Bahadur G.M. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 784 of 2018 Bhakt Bahadur G.M. S/o Late Shri Indra Bahadur G.M., Aged About 52 Years, R/o Lokmanya Tilak Ward No. 37, Dongripara, Kangoli, Jagdalpur, District- Bastar, Chhattisgarh.

---Applicant

Versus

1. State Of Chhattisgarh, Through The Secretary, Law And Legislative Department, Mahanadi Bhawan, Mantralaya, New Raipur, P.S. Rakhi, District- Raipur, Chhattisgarh.

2. The District And Sessions Judge Bastar, Place At Jagdalpur, DistrictBastar, Chhattisgarh. ---Respondents For applicant :

Shri Kapil Maini, Advocate.

For State :

Shri Syed Majid Ali, Dy.G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/10/2018 1.

The counsel for the petitioner is directed to carry out the necessary corrections as pointed out by the Registry during the course of the day itself. 2.

Heard on merits.

3.

The present MCC has been filed seeking restoration of WPS No. 4842/2018 which got dismissed on 21/08/2018 on account of peremptory order passed by this Court.

4.

The counsel for the petitioner submits that, the default in the original Writ Petition was non-payment of P.F. timely to the respondent No.2. He further submits that, the P.F. was lateron furnished, however, the application for condonation of delay has not been filed.

5.

On due consideration, the present MCC stands allowed. 6.

Subject to the petitioner removing the default in the original Writ Petition within a period of 7 days from today, the Writ Petition i.e. WPS No. 4942/2018 would stand restored to its original number. 7.

No order as to costs.

8.

Needless to mention that, in case if the default in the present MCC is not removed during the course of the day, the present MCC would stand dismissed without reference to the Board.

Sd/- (P. Sam Koshy) Sumit JUDGE