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High Court Of ChhattisgarhMCC/340/2017allowed

P. K. Damodaran v. State Of Chhattisgarh

2017-05-03Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 340 of 2017 • P. K. Damodaran S/o Krishnan, Aged About 60 Years (At Present Aged About 78 Years), Retd. Sub Engineer, R/o Frezarpur, Jagdalpur, District Bastar, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through: The Secretary, Public Administration, Mantralaya Raipur, Chhattisgarh

2. Municipal Corporation Jagdalpur, Through: Commissioner, Jagdalpur, District Bastar, Chhattisgarh

3. Nagar Panchayat Sakti, Through: Chief Municipal Officer, Sakti, District Bilaspur (Now District Janjgir-Champa) Chhattisgarh

4. The Accountant General A.G.M.P. Gwalior (M.P.) ---- Respondents For Applicant : None For State/Respondent : Shri Anant Bajpai, Panel Lawyer on advance copy.

Other respondents not noticed.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 03.05.2017 1.

Heard.

2.

There is no calculation by the Registry as after how many days the instant MCC has been preferred for a prayer to restore WP No.155/1999 dismissed for want of prosecution on 7.4.2017. 3.

This is a MCC under sub-rule 11 Rule 140 of the High Court of Chhattisgarh Rules, 2007.

4.

Registry is earlier directed to mention the period for filing of the instant MCC for consideration whether the matter requires consideration or not. With this, Registrar (Judicial) is directed to prepare the calculation chart showing the time taken in filing of any MCC for a prayer to restore any matter in the light of earlier order passed by this Court. It is apparent that the order for dismissal of Writ Petition is passed on 7.4.2017 and the instant MCC has been preferred on 26th April, 2017 goes to show that the instant MCC has been preferred within 30 days from the date of order.

5.

With this, the instant MCC is admitted for consideration. 6.

Perused the matter.

7.

Learned counsel for the State submits that other respondents were also not represented on 7.4.2017.

8.

On due consideration, the instant MCC is allowed and Writ Petition No.155/1999 dismissed for want of prosecution on 7.4.2017 is restored to its original number.

9.

No order as to cost.

Sd/ (Chandra Bhushan Bajpai) JUDGE sunita