High Court Of ChhattisgarhMCC/72/2017allowed

Purushottam Rao Died Through Legal Representatives v. State Of Madhyapradesh

2017-03-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCC No. 72 of 2017

1. Purushottam Rao (Died) Through Legal Representatives (A) Rekha Gewade W/o Purushottam Rao, aged about 57 years, (B) Vikash Rao S/o Purushottam Rao, aged about 31 years, (C) Poonam Magar D/o Purushottam Rao, aged about 37 years, (D) Rahul Rao, S/o Purushottam Rao aged about 27 years, (E) Archana Gawade D/o Purushottam Rao, aged about 22 years, All are R/o Near Rajkumar College, Daganiya, Police Station Amanaka, Distt. Raipur, Chhattisgarh ----Applicants

Versus

1. State Of Madhya Pradesh Through Its Secretary, Home (Police) Department, Vallabh Bhawan, Bhopal (M.P.) (Now State Of Chhattisgarh) Through Secretary, Home (Police) Department, Mahanadi Bhawan, Raipur, District Raipur, Chhattisgarh

2. Director General Of Police, P.H.Q. Bhopal (M.P.) (Now Director General Of Police P.H.Q. Raipur, Distt. Raipur, Chhattisgarh)

3. Inspector General Of Police, Bhilai Zone, Bhilai Distt. Durg (M.P.) Now Chhattisgarh

4. Deputy Inspector General Of Police, Raipur Zone, Raipur (M.P.) Now Chhattisgarh

5. Superintendent Of Police, Raipur (M.P.) Now Chhattisgarh ----Respondents 28/03/2017 Ms. Sunita Jain, counsel for the applicants.

Shri Anupam Dubey, Dy.G.A. for the State.

Heard on application for condonation of delay in filing the restoration application.

Instant petition is delayed by 405 days.

It is stated that original petitioner Purshottam Rao died on 5/11/2015, thereafter application was filed for bringing legal heirs on record, therefore delay in filing the

restoration application may be condoned.

On due consideration and for the reasons stated in the application, delay of 405 days in filing the restoration application is condoned.

Also heard on application for restoration of W.P.(S) No.584/2005 which was dismissed for want of prosecution on 5/11/2015.

After going through the application which is supported by an affidavit, in my opinion reasonable grounds are made out for restoration.

Accordingly, MCC is allowed.

The order dated 5/11/2015 is recalled.

W.P.(S) No.584/2005 is restored to its original number.

Sd/- (Goutam Bhaduri) JUDGE gouri