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High Court Of ChhattisgarhMCC/137/2018allowed

Mohammad Yakub v. State Of Chhattisgarh

2018-02-23Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 137 of 2018 • Mohammad Yakub S/o Late Mohammad Rafiq Aged About 85 Years R/o Gourela Pendraroad, Civil and Revenue DistrictBilaspur, Chhattisgarh. ...............(Plaintiff) ---- Petitioner

Versus

1. State Of Chhattisgarh Acting Through Collector, Bilaspur, Chhattisgarh. ...................(Respondent/ Defendant)., District : Bilaspur, Chhattisgarh

2. The Sub Divisional Officer, (Revenue), Pendra Road Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

3. The Tahsildar, Pendraroad, Bilaspur, Chhattisgarh ---- Respondents For Applicant Shri K. A. Ansari, Senior Advocate with Shri D. G. Kela, Advocate For Respondent-State Shri Rajendra Tripathi, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 23/02/2018 I.A. No.1 This is an application for condonation of delay in filing the restoration application.

In view of the order passed by this Court in Smt. Jyoti vs. General Manager, Canara Bank {MCC No.591/2016} holding that the provisions of the Limitation Act do not apply in the writ proceedings or in proceedings arising therefrom, there is no requirement of filing of application for condonation of delay.

This is an application for restoration of WP (227) No.746/2014, which was dismissed for non-compliance of Court order dated 13.01.2015. On due consideration and for the reasons mentioned in the restoration application, it is allowed and WP (227) No.746/2014 is directed to be restored to its original number, subject, however, on payment of cost of Rs.1000/- to the High Court of Chhattisgarh Middle Income Group Legal Aid Society within a period of one week. It is made clear, if the cost is not paid within a period of one week from today, this order shall lose its efficacy. Sd/- Judge Prashant Kumar Mishra Nirala