Allowed¶28

Madan v. Shobharam (Dead) Through Lrs

Chhattisgarh HC12 Feb 2025MCC/878/2019

Case brief

AI extract

What is this about?

Chhattisgarh High Court (Bilaspur), order dated 13/02/2025 by Justice Naresh Kumar Chandravanshi, allowing MCC No. 878 of 2019 filed by Madan and Madan Kunwar (counsel: Mr. Aman Kesharwani) against Shobharam (dead) through LRs (Ramesh, Kamlesh, Suresh, Ganeshi, Kaleshari, Jagetri, Gaytri, Panch Kunwer), Board of Revenue and Collector Korba, for restoration of Writ Petition (227) No. 3086/2009, earlier dismissed on 13.6.2009 pursuant to peremptory order dated 04.05.2009 after the petitioners' counsel died; Registry directed to restore the writ petition in its original number. Source-neutral ID: 2025:CGHC:7713.

What did the court decide?

Restoration of Writ Petition (227) No. 3086/2009 (Madan and Anr. vs. Shobharam and Ors.) in its original number ¶28

Madan Vs Shobharam (Dead) Through Lrs — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:7713

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCC No. 878 of 2019

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1 - Madan S/o Shri Ghasiram Aged About 55 Years R/o Village Degaon, Tahsil Kharsiya, District Raigarh Chhattisgarh.

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2 - Madan Kunwar D/o Ghasiram, W/o Pilluram Aged About 40 Years R/o Village Saraipali, Tahsil Sakti, District Janjgir-Champa Chhattisgarh. ... Applicants/petitioners

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versus

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1 - Shobharam (Dead) Through Lrs Nill

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1.1 - (A) Ramesh S/o Shobharam R/o Village Saragbundiya, Tahsil Kartala, District Korba, Chhattisgarh.

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1.2 - (B) Kamlesh S/o Shobharam R/o Village Saragbundiya, Tahsil Kartala, District Korba, Chhattisgarh.

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1.3 - (C) Suresh S/o Sobharam R/o Village Saragbundiya, Tahsil Kartala, District Korba, Chhattisgarh.

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1.4 - (D) Ganeshi S/o Shobharam R/o Village Saragbundiya, Tahsil Kartala, District Korba, Chhattisgarh.

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1.5 - (E) Kaleshari S/o Shobharam R/o Village Saragbundiya, Tahsil Kartala, District Korba, Chhattisgarh.

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1.6 - (F) Jagetri S/o Shobharam R/o Village Saragbundiya, Tahsil Kartala, District Korba, Chhattisgarh.

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1.7 - (G) Gaytri S/o Bhobharam R/o Village Saragbundiya, Tahsil Kartala, District Korba, Chhattisgarh.

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1.8 - (H) Panch Kunwer S/o Shobharam R/o Village Saragbundiya, Tahsil Kartala, District Korba, Chhattisgarh.

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2 - Board Of Revenue Through Secretary Board Of Revenue Chhattisgarh Bilaspur, Chhattisgarh.

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3 - Collector Korba District Korba, Chhattisgarh.

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	(Cause title,	... Respondents as taken from CIS)
For Applicants/Petitioners	:	Mr. Aman Kesharwani, Advocate
For Respondents	:	None.

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(Hon'ble Shri Justice Naresh Kumar Chandravanshi)

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Order On Board 13/02/2025

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Heard.

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This MCC has been filed for restoration of Writ Petition (227) No. 3086/2009, which was dismissed on the basis of peremptory order dated 04.05.2009.

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Learned counsel for the applicants/petitioners would submit that the concerned writ petition was dismissed on 13.6.2009 in pursuance of peremptory order dated 04.05.2009 passed by this Court. He would further submit that at that time, earlier counsel of the petitioners was died, as such, petitioners could not make good the default pointed out by the Registry, therefore, they were not aware about the fate of their case. Subsequently, the case was traced, thereafter, the instant MCC has been filed, hence, he prays that this MCC may be allowed and the concerned WP(227) No.3086/2009 may be restored in its original number.

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Having considered the aforesaid facts and reasons mentioned in the application, which is well supported by an affidavit, I feel inclined to allow this MCC, as such, the same is allowed. The Registry is directed that Writ Petition (227) No.3086/2009 (Madan and Anr. vs. Shobharam and Ors.) be restored in its original number.

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