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2025 DAILYLAW 26071 (CHH)

STATE OF CHHATTISGARH v. LUXMI KANT YADAV

MCC/578/2025 · 2025-06-22

Shri Sachin Singh Rajput

body2025

Judgment text

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1 2025:CGHC:26594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 578 of 2025 1 - State Of Chhattisgarh Through The Secretary, Department Of Forest Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh ... Applicant versus 1 - Luxmi Kant Yadav S/o Late Sanjay Yadav Aged About 20 Years R/o Ward No. 19, Khairagarh, P.S. And Tahsil Khairagarh District Khairagarh Chhuikhadan Gandai Chhattisgarh ... Respondent For State/applicant : Mr. Dilman Rati Minj, GA For Respondent : Mr. A. N. Pandey, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 23/06/2025 This MCC has been filed for extension of time to comply the order dated 23.08.2024 passed by this Court in WPS No. 3917 of 2023. 2. By that order, this Court while allowing the writ petition observed as under:- “08. In the opinion of this Court, the approach of the respondents rejecting the application treating it to be barred by limitation is hypothetical view and also not in consonance with the policy because they themselves have not complied with the mandatory requirement as envisaged in the policy. 2 Therefore, they cannot be allowed to take such a stand that the application was filed after 3 years from the date of death of petitioner’s father. The case law which has been cited by State counsel is distinguishable on facts as in the case it has been held that the dependents survives for 10 years therefore, the compassionate appointment was denied, here in this case the petitioners were minor and in the opinion of this Court the present case is covered the facts of judgment of Division Bench of this Court in case of Pushpendra Nath Sonesare (Supra). 9. In view of above, Annexure P-1 is quashed and respondents are directed to consider the case of the petitioner afresh in accordance with law and pass an appropriate order within a period of 60 days from the date of receipt of copy of this order.” 3. Learned counsel for the State/appellant submits that the petitioner made a representation on 02.09.2024 and thereafter it has been under active consideration for grievances of the petitioner and in all likelihood, the same would be redressed within a period of 90 days from today, therefore, 90 days time may be granted to comply the order dated 23.08.2024. 4. Not opposed by the other parties. 5. In view of the above, further 90 days time from today is granted to the State/applicant to comply the order dated 23.08.2024 passed in WPS No. 3917 of 2023. 6. With the above, this MCC is disposed of. Sd/- (Sachin Singh Rajput) JUDGE Pawan