The State Of Madhya Pradesh vs Ram Prasad Chikwa

NEUTRAL CITATION NO. 2026:MPHC-JBP:52657
1 MCC-2029-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE VINAY SARAF
th
ON THE 16 OF JULY, 2026
MISC. CIVIL CASE No. 2029 of 2026
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
RAM PRASAD CHIKWA
Appearance:
Shri Piyush Jain - Government Advocate for the State-applicants.
Shri Arun Pandey - Advocate for the respondent.
ORDER
Per: Justice Anand Pathak
Heard on I.A. No.13968/2026, which is an application under Section 5 of
Limitation Act for condonation of delay of 52 days.
2. It is the submission of learned counsel for applicants that after passing of
impugned order dated 27.2.2026 in Writ Appeal No.3425/2025, the OIC inquired
about pendency of writ appeal and he came to know that vide order dated
27.2.2026 for non-curing of defaults raised by the Registry, the instant writ appeal
has been dismissed. Due to procedural inertia/formalities consumed in the
process, delay of 52 days has been caused. Since, case bears merits and therefore,
deserves to be argued on merits in the interest of justice. Sufficiency of cause is
made out.
3. Learned counsel for the applicants referred the judgments of Hon'ble
Apex Court in the cases of Motilal Songara v. Prem Praksh alias Pappu and
Signature Not Verified
Signed by: PRASHANT
SHRIVASTAVA
Signing time: 17-07-2026
10:03:45

NEUTRAL CITATION NO. 2026:MPHC-JBP:52657
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another, (2013) 9 SCC 199, Sheo Raj Singh (Deceased) through Legal

Representatives and others v. Union of India and others, (2023) 10 SCC 531,
and Vishnu Vardhan @ Vishnu Pradhan v. State of Uttar Pradesh and others, 2025
SCC Online SC 1501. Therefore, to address on merits, it is imperative that delay
be condoned and the matter be heard on its own merits.
4. Learned counsel for respondent opposed the prayer and prayed for
dismissal of the application.
5. In consideration of application for condonation of delay, sufficiency of
cause is the prime consideration. Considering the submissions and looking to the
nature of dispute and reasons assigned in the application and as submitted by
counsel for applicants, sufficiency of cause is made out, therefore, delay of 52
days in filing the appeal is hereby condoned.
6. I.A. No.13968/2026 stands disposed of.
7. Heard on admission.
8. The instant MCC has been preferred by the applicants seeking restoration
of Writ Appeal No.3425/2025, which was dismissed for non-compliance of
common conditional order dated 27.2.2026 by a Division Bench of this Court.
9. Learned counsel for the applicants submits that the dismissal of the
appeal was neither deliberate nor intentional, but occurred due to circumstances
beyond the control of applicants and the arguing counsel, therefore, the applicants
ought not to be made to suffer irreparable prejudice on account of such
unavoidable procedural circumstances. Hence, learned counsel for the applicants
prays for restoration of W.A. No.3425/2025 to its original number.
10. Heard learned counsel for the parties and perused the impugned order.
11. The reasons assigned by learned counsel for the applicants appear to be
genuine and bona fide. Looking to the nature of cause and bona fide intents as
Signature Not Verified
Signed by: PRASHANT
SHRIVASTAVA
Signing time: 17-07-2026
10:03:45

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well as settled law that for the fault of the counsel, the litigant should not be made

to suffer (See: AIR 2001 SC 2497, M.K. Prasad Vs. P. Arumugam, 2007 (5)
MPHT 470, Dindayal Bansal Vs. Gwalior Nagar Tatha Gram Vikas Pradhikaran),
the present application deserves to be and is hereby allowed.
12. At this stage, instead of imposing cost, a suggestion was given to
counsel of applicants and Officer-In-Charge to visit at Government Mook Badhir
H.S. School, Garha Ward, Jabalpur, with some food items/snacks/fruits of
Rs.5,000/- (Rupees Five Thousand Only) and spend an hour with the
children/inmates/families, who are of humble background and are being taken care
of by the NGO/Society sponsored by State Government. This community service
of one hour would not only be satisfying to the soul but would also give a
message to the differently abled children that Society and its members care for
them and that they are not considered as the children of the Lesser God.
13. The said suggestion is not punitive in nature and compliance of it is
at the discretion of counsel for applicants.
14. Graceful enough in their disposition, suggestion is readily accepted by
counsel for the applicants and he undertakes that applicants and Officer-In-Charge
would not only visit the mercy home but would also carry some food items of
Rs.5,000/- with them and spend one hour time with them to understand them and
to satisfy themselves while doing such a pious work.
15. Appreciating the gesture shown by counsel for the applicants with the
earnest hope and belief that the counsel along with Officer-In-Charge would visit
the aforesaid place within 15 days from today and spend one hour time with the
children/inmates/families of the mercy home and bring smile on their face and
satisfy their soul. It is expected that any Government Advocate or other advocate
may also accompany the counsel for this purpose.
Signature Not Verified
Signed by: PRASHANT
SHRIVASTAVA
Signing time: 17-07-2026
10:03:45

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16. This is a test case to give concept of "Social Audit" a chance to gain

grounds. Responsible and Resourceful persons of the Society, who are occupying
important positions in the Department of Administration/Education/Health/Legal
and other related fields including Professionals like Chartered Accountants
/Doctors /Lawyers etc., to take some responsibility to visit the places (like
orphanage/old age home/mercy home/one stop center etc.) where persons with
disability/orphans/old age people/ victims of the crime and other destitute are
institutionalized so that they can come to know about the plight of these inmates
and would be able to contribute while raising their standards of living and to
create sense of well-being amongst them. Inmates who are living in such
institutions would also feel that they are not left out by the society and the society
is still eager to take them into its fold. This way, they would come in the
mainstream also.
17. Another important effect of the "Social Audit" is that Management
of those Institutions sometime misbehave or cause mischief to the
inmates especially children and females living there and this way, they
would always be cautious that the Society is keeping eyes over their
working. Therefore, evolution of concept of "Social Audit" and its
effective implementation is the need of hour. Policy makers especially
Department of Women and Child Welfare Development (DWCD), Department of
Social Justice and Police Department must come out with some tangible
solution in this regard.
18. Therefore, keeping the said spirit, counsel for the applicants along with
Officer-In-Charge is directed to submit a report regarding his visit to Government
Mook Badhir H.S. School, Garha Ward, Jabalpur, within fifteen days elaborating
Signature Not Verified
Signed by: PRASHANT
SHRIVASTAVA
Signing time: 17-07-2026
10:03:45

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their experience and status of mercy home with suggestions, if any, in the

litigation (W.A. No.3425/2025), which is going to be restored by this order.
19. On submission of the report and affidavit as accepted by counsel
for the applicants, W.A. No.3425/2025 shall be restored to its original
number. Accordingly, instant application for restoration is allowed subject
to compliance of the direction as referred above and Writ Appeal No.3425/2025
is restored to its original number.
20. Copy of this order be kept in the file of W.A. No.3425/2025
for record/compliance purpose.
21. Copies of this order be also sent to the Chief
Secretary/Principal Secretary, Women and Child Development Department,
Department of Social Justice and Secretary Juvenile Justice Committee M.P. High
Court for information and contemplation.
22. With the aforesaid, the application stands disposed of.
(ANAND PATHAK)
(VINAY SARAF)
JUDGE
JUDGE
ps

Signature Not Verified
Signed by: PRASHANT
SHRIVASTAVA
Signing time: 17-07-2026
10:03:45