Madhya Pradesh High Court
MCC/236/2024 of RAMKUMAR GAUTAM Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 2[nd] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 236 of 2024
BETWEEN:-
RAMKUMAR GAUTAM S/O SHRI RAMESH PRASADGAUTAM, AGED ABOUT 42 YEARS, OCCUPATION:FORMER FOREST GUARD FOREST DIVISION ITARSHIDISTRICT HOSHANGABAD (MADHYA PRADESH)
(BY SHRI NARENDRA KUMAR SHARMA- ADVOCATE)
.....APPLICANT
AND
1.THE STATE OF MADHYA PRADESH THROUGHTHE PRINCIPAL SECRETARY GOVT. OF MADHYAPRADESH FOREST DEPARTMENT MANTRALAYA,VALLABH BHAWAN, BHOPAL (MADHYAPRADESH)THE PRINCIPAL SECRETARY GOVT. OF MADHYAPRADESH FOREST DEPARTMENT MANTRALAYA,VALLABH BHAWAN, BHOPAL (MADHYAPRADESH)
2.THE PRINCIPAL CHIEF CONSERVATOR OFFOREST BHOPAL (MADHYA PRADESH)FOREST BHOPAL (MADHYA PRADESH)
3.THE CONSERVATOR OF FOREST FOREST CIRCLEHOSHANGABAD (MADHYA PRADESH)HOSHANGABAD (MADHYA PRADESH)
4.THE SUB DIVISIONAL FOREST OFFICERSOHAGPUR DISTRICT HOSHANGABAD (MADHYAPRADESH)SOHAGPUR DISTRICT HOSHANGABAD (MADHYAPRADESH)
5.THE DIVISIONAL FOREST SAGAR DISTRICT SAGAR (MADHYA PRADESH)SAGAR DISTRICT SAGAR (MADHYA PRADESH)
OFFICER NORTH
(BY SHRI VIJAY PANDEY - ADVOCATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
Heard on I.A. No.1396/2024, which is an application under Section 5 ofthe Limitation Act for condonation of delay.
2. On perusal of the record, it appears that the instant MCC is filed withinlimitation, therefore, there is no need to pass any order on I.A. No.1396/2024,hence is disposed off/closed.
4. Heard on the question of admission.
5. The present application has been filed for restoration of WP No.17760/2012,which was dismissed for want of prosecution vide order dated 25.10.2023.
6. Considering the averments made in the application supported by anaffidavit of the applicant, this Court finds that sufficient cause is shown forrestoration of WP No.17760/2012.
7. Accordingly, MCC is allowed.
8. WP No.17760/2012 is restored to its original number subject to payment ofcost of Rs 2,000/- (Two thousand only) which shall be paid to the M.P. HighCourt Bar Association, Jabalpur within a period of seven days, failing which,the order of dismissal of WP No.17760/2012 shall remain intact.
9. The payment of cost of Rs.2000/- shall be a condition precedent forrestoration of WP No.17760/2012.restoration of WP No.17760/2012.
10. Pending application(s), if any, shall stand disposed off.
11. A copy of this order be kept in the file of WP No.17760/2012.
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(DWARKA DHISH BANSAL)JUDGE