The High Court allowed an application for condonation of delay, dismissing a 19-day excess period, and restored a writ petition previously dismissed for want of prosecution, accepting the absence of counsel was bonafide.
Delay condoned; Writ Petition No. 2970/1998 restored to its original number.
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IN THE HIGH COURT QF CHHATT1SGARH ATBILASPUR
Miscellaneous Civil Case No^^ OF 2013
(Arising out oforder dated 21-02-2013 in Wht Petition No.2970/1998 in
| Subhash Chandra Sahu & Of/7ers by thi |
V^ers^sThe Commissioner &Others passed s Hon'ble Court) |
|---|---|
| A-.J €a |
i APPLICANTS: Petitioner No-2 ^l^ ...^••^^••1 ^a^^ ^^"•"' IR >• ^^ |
| 1 Petitioner No- 5 2. |
^IVIukhesh Singh S/o Shri Vishwanath Singh aged about 43 years Occupation- Accountant, Rajiv Gandhi Shiksha Mission, R/o Block Colony Kunkuri Tehsil, Post & Police Station Kunkuri District Jhaspur CG 496225 (Chhattisgarh), |
| Petitioner No- 9 3. |
Kamal Kishore Mehar S/o Shri Sanat Kumar Mehar aged about 38 years Occupation- Accountant, Rajiv Gandhi Shiksha Mission, R/o Ambikapur Road Kashmiri Gali Near Khabbu Kirana Store Pathalgaon Tehsil, Post & Police Station Pathalgaon District Jhaspur CG496118(Chhattisgarh) VERSUS |
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^
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| NON-APPLICANTS: ^ Respondents |
The Commissioner, Revenue Bilaspur(C.G.) |
Division, |
|---|---|---|
| ^ 2. S.^ ~^ |
Collector-cum-Director, Rajiv Prathamik Shiksha Mission, (C.G.) Assistant Commissioner, |
Gandhi Raigarh Triabl |
| Development-cum-Project | Director, | |
| Rajiv Gandhi Prathamik |
Shiksha | |
| Mission, Raigarh (C.G.) | ||
| 4,-. | Shri Ravi Khare, S/o- Late Khare, Jr. Accountant, Integrat |
Manik Lal ed Tribal |
| Dairy Development Project, R/o- Degree College Road |
Raigarh, , South |
|
| APPLICATION FOR RES N0.29 The applicants namiecLab J^^n-J-^-- |
Chakradhar Nagar, Raigharh, TORATION OF WRIT PETITIO 70s8€fF1998 ^"" |
(C.G.) N |
^
HIGH COURT OF CHHATTISGARH. BILASPUR
D.B.: HON'BLE MR. SUNIL KUMAR SINHA & HON'BLE MR. RANGNATH CHANDRAKAR. JJ.
M.C.C. No. 320/2013
APPLICANTS Sukhi Ram Sahu & Others.
RESPONDENTS t——
Versus
RESPONDENTS Commissioner, Revenue Division, Bilaspur & Others.
APPLICATION FOR RESTORATION
Appearance:
Mr. Aditya Khare, Advocate for the Applicants. Ms. Pushpa Dwivedi, Panel Lawyer for Respondents 1 to 3. Mr. Vipin Punjabi, Advocate for Respondent No.4.
ORDER
(04/12/2013)
•
Heardon I.A. No. 01/2013.
This is an application for condonation ofdelay in filing the M.C.C.
According to the office report, the M.C.C is barred by 19 days.
On due consideration of the submissions made by learned counsel for the parties and the grounds taken in the application, we are satisfied that the Applicants have shown sufficient cause for not filing the M.C.C in time and the delay in filing the M.C.C deserves to be condoned.
I.A.NO. 01/2013 allowed.
Delay condoned.
Also heard on M.C.C. No. 320/2013.
The Applicants are seeking restoration of W.P. No. 2970/1998, which was dismissed for want of prosecution on 21st of February, 2013^ as no one appeared on behalf of the Applicants when the matter was taken up for hearing by the bench.
4
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On due consideration of the submissions made by learned counsel for the Applicants and the grounds taken in the restoration application, we are satisfied that non-representation of the Applicants on 21st of February, 2013, when W.P. No. 2970/1998 was taken up for hearing was based on bonafide grounds.
Accordingly, M.C.C. No. 320/2013 is allowed and W.P. No. 2970/1998 is
restored to its original number.
^
Sd/Sunil Kumar Sinha Judge
Sd/R.N. Chandrakar Judge
r
^
3 issues framed by the court
Whether to condone the delay in filing the Miscellaneous Civil Case for condonation of delay.
Whether to restore the writ petition that was dismissed for want of prosecution.
Whether the absence of counsel on the date of hearing was based on bonafide grounds.
Sukhi Ram Sahu & Others
The Commissioner, Revenue, Bilaspur
Sunil Kumar Sinha
R.N. Chandrakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
