Firoz Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 187 of 2017

1. Firoz Khan S/o Late Imdad Khan, Aged About 48 Years R/o Nehru Nagar, Raipur, Shop No.34 (Old No.28), Hazrat Fateh Shah Majaar & Masjid Trust Committee, Police Line Tikrapara, Raipur, Chhattisgarh

2. Mohammed Salim Khan S/o Late Imdad Khan, Aged About 50 Years R/o Nehru Nagar, Raipur, Shop No. 33 (Old No.27), Hazrat Fateh Shah Majaar & Masjid Trust Committee, Police Line Tikrapara, Raipur, Chhattisgarh

3. Rafique Khan S/o Late Imdad Khan, Aged About 50 Years R/o Pachpedi Naka, Raipur, Shop No.4 & 26 (Old No. 2 & 32), Hazrat Fateh Shah Majaar & Masjid Trust Committee, Police Line Tikrapara, Raipur, Chhattisgarh

4. Sheikh Juber S/o Sheikh Ismail, Aged About 30 Years R/o Nehru Nagar, Raipur, Shop No. 2 (Old No.23), Hazrat Fateh Shah Majaar & Masjid Trust Committee, Police Line Tikrapara, Raipur, Civil And Revenue District Raipur, Chhattisgarh ---- Applicants

Versus

1. State Of Chhattisgarh Through: Secretary, Ministry Of Minorities Welfare/ Wakf, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur, Chhattisgarh

2. The Sub Divisional Officer & Assistant Survey Commissioner (Wakf), Raipur, Chhattisgarh

3. Chhattisgarh State Wakf Board, Raipur Through Its Chief Executive Officer, Sector 3c/12, Devendra Nagar, Raipur, Chhattisgarh

4. Hazrat Fateh Shah Majaar & Masjid Trust Committee, Through Its Mutwalli Abdul Rasheed Memon Asarfi S/o Late Abdul Musa, Aged About 49 Years, Police Line Tikrapara, Raipur, District Raipur, Chhattisgarh ---- Respondents For Applicants :

Shri ML Sakat, Advocate For Respondents-State :

Shri UNS Deo, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/03/2017

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 591/2016} holding that the provisions of 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. M.C.C. No.

This is an application for restoration of WPC No.735/2015 which was dismissed for non-compliance of Court order dated 05.11.2015. On due consideration and for the reasons mentioned in the restoration application, it is allowed and WPC No.735/2015 is directed to be restored to its original number, subject , however, on payment of cost of Rs.1000/- to 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 Ashu