On an application for restoration, the Chhattisgarh High Court restored a writ appeal previously dismissed for want of prosecution on the finding that the applicant's absence of counsel was based on bona fide grounds.
M.C.C. No.175/2012 allowed and W.A. No.370/2009 restored to its original number.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
^
HIGH COURT OF CHHATTISGARH. BILASPUR
M.C.C. No.175/2012
DB: HON'BLE SHRI SUNIL KUMAR SINHA. J & HON'BLE SHRI RADHE SHYAM SHARMA. J.
APPLCIANT/ Appellant
Ram Narayana Sharma, S/o Rambharose Sharma, aged about 70 years, R/o village and post Kanker(CG)Naharpur, Tahsil Kanker, District '
Versus
{\
^...<. \
RESPONDENTS
State of Madhya Pradesh Through Secretary General Adminjstration Department . Vallabh Bhawan Bhopal Now Chhattisgarh General Administration Department, Mantralaya, Raipur (CG) .
The Coltector, Bastar, Jagdalpur (CG)
3 The Commissioner, Bastar Division Jagdalpur (CG)
APPLICATION FOR RESTORATION OF WA No.370/2009
Appearance:
Smt. Uma Patel, Advocate for the applicant.
Shri U.N.S. Deo, Government Advocate forthe State.
©
MCC 175/2012
ORAL ORDER (02.03.2012)
Sunil KumarSinha, J.
Heard.
The applicant is seeking restoration of W.A.No.370/2009, which was dismissed for want of prosecution on 11.01.2012, as no one appeared on his behalf when the matter was taken up for hearing.
On due consideration of the submissions made by learned counsel for the applicant and the grounds taken in the restoration application, we are satisfied that the absence of learned counsel for the applicant pn 11.01.2012 when W.A. No.370/2009 was taken up for hearing, was based on bonafide grounds.
Accordingly, M.C.C.No.175/2012 is allowed and W.A. No.370/2009 is restored to its original number.
Sd/Sunil Kumar Sinha Judge
Sd/R.S, Sharma Audge h-
^^
2 issues framed by the court
Whether an earlier writ appeal dismissed for want of prosecution should be restored to list on prima facie grounds of bonafide absence of counsel.
Whether the absence of the applicant's counsel on the specified date was based on bonafide grounds warranting restoration.
Ram Narayana Sharma
State of Madhya Pradesh Through Secretary General Administration Department
The Collector, Bastar, Jagdalpur
The Commissioner, Bastar Division Jagdalpur
The Departmental Enquiry Officer cum Dy. Collector Bastar
Sunil Kumar Sinha
Radhe Shyam Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
