Allowed

Kanti Kumar Lonhare v. State of Chhattisgarh

Chhattisgarh HC9 Sept 2024MCC/771/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an application for restoration of a Writ Petition dismissed for non-prosecution, granted in interest of justice despite non-bonafide reasons, conditioned on payment of Rs. 5,000 to the High Court Legal Services Aid Committee within 15 days.

What did the court decide?

WPS No. 3348/2022 is restored to its original number subject to payment of Rs. 5,000 to High Court Legal Services Aid Committee within 15 days.

Kanti Kumar Lonhare Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2024)

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2024:CGHC:35331

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCC No. 771 of 2024

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1 - Kanti Kumar Lonhare S/o Late Sudarshan Aged About 53 Years Resedent Of Village Paragaon Gariyaband Tahsil And District - Gariyaband (C.G.)

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... Applicant

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versus

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1 - State Of Chhattisgarh Through Secretary Department Of Panchayat Mahanadi Bhawan Atal Nagar New Raipur District - Raipur (C.G.)

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2 - The Commissioner Mahatma Gandhi Narega Tala Nagar Raipur District - Raipur (C.G.)

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3 - Collector Gariyaband District - Gariyaband (C.G.)

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4 - Chief Executive Officer Zila Panchayat Gariyaband District - Gariyaband (C.G.)

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5 - Chief Executive Officer Janpad Panchayat Devbhog District Gariyaband (C.G.)

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... Respondents

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For Applicant	: Mr.	H. V. Sharma, Advocate
For Respondents	: Mr.	Shalin Singh Baghel

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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10.09.2024

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This MCC has been filed for restoration WPS No. 3348/2022 which was dismissed for non prosecution on 31.07.2024. This Court passed the following order:-

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“1. On 12/08/2022 none appeared on behalf of the petitioner and the matter was adjourned for eight weeks. On 26/04/2023 none appeared on behalf of the petitioner and the matter was directed to be posted after four weeks. On 12/07/2024 again none appeared on behalf of the petitioner and the matter was directed to be listed in the next week in the motion hearing list. Today, when the case is called, none appeared on behalf of the petitioner, therefore, it appears that the petitioner is not interested in pursuing this case, therefore, this Court is left with no other option except to dismiss the case for want of prosecution.”

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Learned counsel for the applicants submits that on 31.07.2024, due to bonafide mistake, the counsel could not see the cause list properly, therefore, on that day he could not appear. The record reflects that prior to 31.07.2024 on 2-3 occasions also counsel for the petitioner did not appear and ultimately this Court was left with no other option except to dismiss the case for want of prosecution.

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Though, the reasons assigned by the learned counsel for the petitioner does not appear to be bonafide looking to the conduct, however, in the interest of justice the application is allowed and WPS No. 3348/2022 is restored to its original number, subject to cost of Rs. 5,000/- to be paid to High Court Legal Services Aid Committee within a period of 15 days, failing which this order will lose its efficacy.

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With these observations, present MCC is disposed of.

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Sd/-

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(Sachin Singh Rajput) Judge

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H.Ansari

Kanti Kumar Lonhare v. State of Chhattisgarh

Case brief

What is this about?

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Kanti Kumar Lonhare v. State of Chhattisgarh

Case brief

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