Madhya Pradesh High Court
Ishwari Prasad Gupta vs Union Of India on 26 July, 2017
MCC-1653-2017
(ISHWARI PRASAD GUPTA Vs UNION OF INDIA)
26-07-2017
Shri Vibhudendra Mishra, counsel for the applicant.
Although it has been submitted by the counsel that earlier in writ
petition, the respondents have not been noticed and the matter was
dismissed by a common conditional order, therefore, notice to respondents is not necessary.
This contention is not acceptable. Since this MCC has been filed after a considerable delay of one year, therefore, the valuable right accrues in favour of the respondents and they be noticed before passing any order on condonation.
Thus, it is directed that notices be issued to the respondents on I.A.No.7642/2017, an application for condonation of delay, along with the memo of MCC on payment of process fee within a week by ordinary as well as RAD mode.
List thereafter.
(ANURAG SHRIVASTAVA) JUDGE TG /-