The Division Bench dismissed an application seeking restoration of a writ petition (No. 1321/1997) that was previously dismissed for want of prosecution. The court found no sufficient ground for restoration, regardless of the bench's unavailability.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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| f | Shri S. P. Singh, Collector Durg, at present posted in Gwalior District. |
|---|---|
| 8. | Shri Lalit Pam'grahi, then Superintending Engfneer, SADA, Durg, at present Posted 1n Bilaspur DevelopmentAuthority as |
| Executlve Engineer, Bi'laspur (MP) |
|
| ^ | Shn' A. Priyadarshi Superintending Engineer, Special Area Development Authority, Bhilia-Durg, District Durg, MP |
| APPLICATION FOR RECALUN PASSED IN W.P.NOY!J32 W.P.NO.1321/1997 T |
G OF ORDER DATED 23-12-2005 1/1997 & RESTORATION OF O ITS QRIGINAL NUMBER |
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HIGH COURT OF CHHATTISGARH : BILA8PUR M. C. C. No. 9 of 2006
Applicants Santosh Agrawal & another
Versus
Respondents The State of M.P. & others
APPLICATION FOR RESTORATION OF WRIT PETITION N0. 1321/1997
DB: Hon'ble Mr. Abhay Manohar Sapre, & Hon'ble Mr. G. Minhajuddin, JJ.
None for the applicant.
Shri Shashank Thakur, Panel Lawyer for the State.
O R D ER (orall
\
( Passed on this 13th day ofJuly, 2012 )
Per Abhay Manohar Sapre, J.
This M. C. C. isa restoration application and it arise out of the order passed in Writ Petition No. 1321/1997, which came to be dismissed on 23.12.2005 for want of prosecution.
This restoration application is placed before this Court as per Rules because in the meantime the learned Judges, who constituted the Division Bench and which had dismissed the said contempt petition, are not available having demitted the office.
We have gone through the cause stated in the application made for restoration of the case and find that it does not constitute a good or sufficient ground for restoration of the writ petition. In fact looking to the manner in which the applicant prosecuted the rnain case and this application, we are satisfied that no case is made out for recalling of the impugned order.
As a consequence this application i.e. application seeking restoration is liable to be dismissed.
Although, in view of what is held supra, it is not necessary to go into the merits of the case out of which this M.C.C. arises, yet we have perused the entire record of the
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case and find that even otherwise there is no merit and substance in the case which may require hearing on raerits. In other words, we have not been able to notice any substantial ground in the case warranting its restoration. In the light of the foregoing discussion, we do not find any good or sufficient ground made in the application for restoration of the case (writ petition). We are therefore constrained to dismiss the application for restoration of the wnt petition.
Thak-ux.'
No costs.
Sd/Abhay Manohar Sapre Judge
Sd/G. IMinhajuddm Judge
1 issue framed by the court
Whether the applicant has established sufficient ground for restoration of a writ petition dismissed for want of prosecution due to the unavailability of the original bench.
Santosh Agrawal
The State of M.P.
Abhay Manohar Sapre
G. Minhajuddin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
