IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR ' C. ^s(' CC.G.) M.C.C. NO.M02^0F 2008 glTSgl^ 18?lnc6h fARISING OUT OF WRIT PETITION N0. 3823/19991 APPLICANT ^ ^ .^•"1- *!'^' t^ v^-n ^•^.^ ...ys^^ "'^ ^^ RESPONDENTS ^^^1^\. /^^'^ ^^h ^/' ^^\ {S^aa^}^ J '^M^ Pravesh Kumar Sharma, son of L9te Nand Kishore Sharma, aged about 30 years, working as Mate (Semi Skilled labourer) in the Municipal Council, Raigarh, resident of Raigarh (M.P.) VERSUS 1. State of Madhya Pradesh,^ though the Secretary, Department of Urban Administrative & Development, Vallabh Bhawan, Bhopal (M.P.) 2. Director, Urban Adminjstration & Development, M.P. Bhopal (M.P.) 3. Deputy Director, Urban Administration, Bilaspur (M.P.) 4. Municipal Council, Raigarh, though ?- its Chief Municipal Officer, 'at & Post Raigarh (M.P.) L -.. APPLICATION FOR RESTORATION OF WRIT PETITION N0. 3823/19991/VHICH HAS BEEN DISMISSED VIDE ORDER DATED 09.09.2008' BY HON'BLE JUSTICE SHRI S.K. AGNIHOTRI HSGH COURT OF CHHATTfSGARH : BtLASPUR APPLICANT RESPONDENTS MCC N0. 402 OF 2008 Pravesh Kumar Sharma Versus State of Madhya Pradesh & Others Present:- 1. 2 3. 4. 5. 6. Gowri (Apptication for restoration of WP No.3823 of 1999) Singje Bench : Hon'ble Shri Satish K. Agnihetri, J. Shri Awacih Tripathi, Advocate for the appljcant, Shri P.K. Bhaduri, Panei Lawyerfor the State. ORDER rORAU (Passed on this 7th day of AprS!, 2010) IANo.1, application for condonation of delay in fliing the MCC. Learned counsei appearing for the State submits that the applicant has not given any explanation for condonation of deiay in fitSng the MCC. Without proper application explaining the delay, the MCC should not be allowed. AppSication is ordered, as prayed for. On merits aiso the grounds for restoration of writ petition is ncrt sustainabie, as once the matter has been assigned to an Advocate, he is an under an obiigation to take necessary steps to detend the caseofthedient. Learned counse! appearing for the appiicant submits that the cour®ef for the applicant could not appear on account of bouB fieie mistake; therefore, W.P.No.3823 of 1999, which was dismissed on 9-9-2008, may be restored to its fiie. Having regard to the facts and circumstances of the case and In the jnterest of justice the delay of 55 days in fiiing the MCC is ordered. W.P.No.3823 of 1999 is restored to the original fiie, subject to payment of a cost of Rs.1,000/- to the High Court Legal Aiid Committee. ^ A copy of this order be placed on record of the original writ petition and the same be Sisted for hearing. —— Satish K. Agnihotri Judge