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High Court Of ChhattisgarhMCC/956/2019disposed off

C.L. Ghritlahre v. State Of Chhattisgarh

2019-10-23Hon'Ble Shri Justice P. Sam Koshy2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet M. C. C. No. 956 of 2019 C. L. Ghritlahre Versus State of Chhattisgarh and others Smt. Naushina Afrin Ali, advocate for the applicant. Shri Ayaz Naved, G.A and Shri Pranjal Shukla, advocate for the 23.10.2019 respective respondents.

The present MCC has been filed seeking for modification/recalling of the order dated 25.09.2019 passed by this Court in WPS No. 7849 of 2019. The modification/recalling of the order has been filed on the ground that the respondent no.3 while filing the writ petition had taken a different stand and when he made a representation to the State Govt., he has taken an altogether different ground. Therefore, there is material suppression of fact before this Court while obtaining interim order and while disposing of the writ petition.

Counsel for the applicant fairly concedes that pursuant to the order of transfer dated 13.09.2019 the applicant has already given his joining on 09.10.2019.

The fact that the applicant has been given joining is sufficient to show that the order of transfer dated 13.09.2019 so far as the applicant is concerned stands executed.

So far as WPS No.7849/2019 is concerned, that was qua the respondent no.3 in the present MCC and the interim order therein also was confined only so far as the said respondent no.3 is concerned. Hence, this Court is of the opinion that the whole dispute itself would get redressed if the respondent no.1 decides the representation of the petitioner G. K. Mishra i.e. respondent no.3 in the present MCC at the earliest. This Court does not find any good reason as to why the respondent

no.1 would not take an early decision on the representation particularly when G. K. Mishra as well as the applicant herein both are as of now held up at the same place against a single post.

Accordingly, the respondent no.1 is directed to decide the representation of the respondent no.3 G. K. Mishra at the earliest. With the aforesaid observation the MCC stands disposed of. Sd/- (P. Sam Koshy) JUDGE Khatai