The State Of Madhya Pradesh vs Subhashchandra Jha
2021 Latest Caselaw 6629 MP

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                                                                         MCC No.1331/2021

         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
           Miscellaneous Civil Case No.1331/2021
                            (The State of Madhya Pradesh
                             through Principal Secretary,
                        Public Health Engineering Department,
                             Vallabh Bhawan, Bhopal MP

                                  Engineer-in-Chief,
                        Public Health Engineering Department,
                 Jal Bhawan, Banganga, Near Hotel Palash, Bhopal MP
                                        Versus
                 Subhashchandra Jha s/o Late Shri Hardayal Prasad Jha)
Indore, Dated 21.10.2021
      Shri Vikas Jaiswal, learned Panel Lawyer for the petitioners /

State of Madhya Pradesh.

      Heard on the question of admission.

      This petition under Order 41 Rule 19 read with Section 151 of

the Code of Civil Procedure, 1908 has been filed by the State of

Madhya Pradesh for restoration of Review Petition No.582/2020,

which was dismissed on 01.03.2021 by the Registry of this Court on

account of non compliance of peremptory order dated 12.01.2021,

whereby the petitioners / State of MP was directed to remove the

defect (s) within a period of six weeks' time.

      Learned counsel for the petitioners / State of MP has submitted

that Review Petition No.582/2020 was filed by the State for

restoration of Writ Petition No.1118/2009 which was disposed of by

this Court on 24.02.2009.

      Learned counsel for the petitioners has submitted that due to

inadvertence, the defect could not be removed within time.

      On due consideration of the aforesaid and for the reasons
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                                                                                  MCC No.1331/2021

                       assigned in the petition, which is supported with the affidavit of Shri

                       L.N. Malviya s/o Late Shri K.L. Malviya, Superintending Engineer,

                       Public Health Engineering Department, Indore Zone, Indore District

                       Indore (MP), in the interest of justice, Miscellaneous Civil Case

                       No.1331/2021 is allowed.

                              Consequently, Review Petition No.582/2020 is restored to its

                       original number. Office is directed to list the same accordingly.

                              After restoration of the Review Petition, learned counsel for

                       the petitioners / State of MP is also directed to remove the defect (s),

                       as pointed out by the Office, within two weeks of the restoration.

                              Interim relief, if any, granted in review petition may be

                       continued.

                              As per Office Report, the present MCC is within limitation on

                       account of COVID Relaxation, in the light of judgment of the

                       Hon'ble Supreme Court.           Therefore, IA No.6751/2021, an

                       application under Section 5 of the Limitation Act, 1963 for

                       condonation of 209 days delay in filing the present miscellaneous

                       civil case also stands disposed of.


                                                                 (Subodh Abhyankar)
                                                                        Judge
Pithawe RC




RAMESH CHANDRA PITHWE
2021.10.21

17:45:53 +05'30'