Allowed

Kannilal v. State of Chhattisgarh

Chhattisgarh HC10 Apr 2023MCC/198/2023

Case brief

AI extract

What is this about?

Petitioners filed an MCC to restore W.P.(C) No. 351/2023 dismissed on 20.1.2023. Counsel assured curability of registry defaults with reasonable time. State had no objection. Court allowed the MCC and restored the petition for hearing within 15 days.

What did the court decide?

The MCC is allowed. W.P.(C) No.351/2023 is restored to its original number. Applicants must cure registry defaults within 15 days.

Kannilal Vs State of Chhattisgarh — Civil Procedure and Limitation | Chhattisgarh HC (2023)

¶1

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet

¶2

MCC No. 198 of 2023

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Kannilal S/o Bhanduram Aged About 40 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶4

Shyam Singh S/o Ram Prasad Aged About 45 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶5

Badshah S/o Late Badal Sai Aged About 45 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶6

Basanti Painkara W/o Sawan Singh Aged About 31 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶7

Pratima Toppo W/o Sunil Toppo Aged About 34 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶8

Sulender S/o Shiv Kumar Aged About 54 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶9

Smt. Kumti W/o Tarendra Singh Aged About 50 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶10

Ishwar Lakra S/o Shriram Aged About 30 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶11

Ram Niwas W/o Laxman Aged About 34 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶12

Ramchandra S/o Late Jhaman Sai Aged About 42 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶13

Maheshwar S/o Late Rudra Aged About 46 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶14

Smt. Basanti W/o Bal Sai Aged About 59 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶15

Smt. Chilho W/o Basant Nayak Aged About 56 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶16

Thather Ram S/o Kotwar Nayak Aged About 65 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja

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Chhattisgarh

¶18

Jhakam Sai S/o Banarsi Aged About 24 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶19

Ravi Shankar Singh W/o Late Kishnath Singh Aged About 55 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶20

Rakesh Kumar Painkara S/o Late Jogiram Aged About 36 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶21

Jawahir Nayak S/o Late Mudwa Ram Aged About 65 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶22

Butiya Nayak S/o Late Ghuthal Ram Aged About 57 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶23

Nanka Ram S/o Late Majha Ram Aged About 50 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶24

Anu Kumar S/o Ramdhani Aged About 42 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶25

Smt. Vanaspati W/o Ramjeevan Aged About 59 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶26

Ram S/o Kendwa Ram Aged About 60 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶27

Smt. Kaleshri W/o Binu Naag Aged About 31 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶28

Sukh Maniya Nag W/o Sanjay Aged About 30 Years R/o Village Chiranga, Block Batauli, Police Station Batauli, District Surguja Chhattisgarh

¶29

---- Petitioners

¶30

Versus

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State Of Chhattisgarh Through Chief Secretary Mantralaya, Naya Raipur District Raipur Chhattisgarh

¶32

Secretary Department Of Revenue And Disaster Management, Mantralaya, Naya Raipur District Raipur Chhattisgarh

¶33

Secretary Department Of Commerce And Industries, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

¶34

Secretary Department Of Tribal And Scheduled Caste Welfare, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

¶35

Director Directorate Of Industries, Udyog Bhawan, Ring Road No.1, Telibandha, Raipur, District Raipur Chhattisgarh

¶36

Collector Surguja, District Surguja Chhattisgarh

¶37

Sub Divisional Officer (Revenue) Block Batauli, Sitapur, District Surguja Chhattisgarh

¶38

General Manager Zila Vyapar Avam Udhyog Kendra, Ambikapur, District Surguja Chhattisgarh

¶39

Tahsildar, Batauli District Surguja Chhattisgarh

¶40

Sarpanch Gram Panchayat Chiranga, Janpad Panchayat Batauli, District Surguja Chhattisgarh

¶41

Secretary Gram Panchayat Chiranga, Janpad Panchayat Batauli, District Surguja Chhattisgarh

¶42

M/s Maa Kudargadi Alumina Refinery Private Limited Through Its Managing Director, Having Its Registered Office At Shop No. 503, 504, 505 Ozone Plaza, Fafadih Chowk, Raipur, District Raipur Chhattisgarh 492004

¶43

Anmol Vivek Toppo S.D.O. Sitapur, District Surguja Chhattisgarh

¶44

---- Respondents

¶45

10/04/2023 Ms. Rajni Soren, Advocate for the petitioners/applicants . Mr. Pawan Kesharwani, Panel Lawyer for the State.

¶46

The present MCC has been filed seeking for restoration of W.P.(C) No. 351/2023 which got dismissed vide a peremptory Order passed by this Court on 20.1.2023. Learned Counsel for Applicants submits that due to some personal reasons, the defaults pointed out by the Registry in the aforementioned Writ Petition could not be cured within the stipulated period. She submits that they are now in a position to cure the defaults, provided some

¶47

reasonable time. Learned State Counsel does not have any objection in this regard. Accordingly, the M.C.C. is allowed. As a consequence, W.P.(C) No.351/2023 would stand restored to its original number for hearing. No order as to costs. However, the Applicants should ensure that the defaults pointed out by the Registry in the aforesaid Writ Petition are removed within 15 days from the date of receipt of copy of this Order, failing which this Order would automatically lose its efficacy. Sd/(P. Sam Koshy) JUDGE

¶48

Ved

Kannilal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kannilal v. State of Chhattisgarh

Case brief

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What did the court decide?

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