Hari Charitable And Religious Trust v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 766 of 2017 (Arising out of judgment/order dated 11.09.2017 in Case No. WP NO. 1688/2004 of the learned Hon'ble Court) Hari Charitable and Religious Trust, through S.K. Juneja, Aged about 55 years, S/o Late Dr. Hari Ram Juneja, Chairman, Hari Charitable and Religious Trust, Bilaspur, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Housing & Urban Development, D.K.S. Bhawan, Mantralaya, Raipur, Chhattisgarh

2. Municipal Corporation, Bilaspur Chhattisgarh Through The Commissioner, Municipal Corporation, Bilaspur, Chhattisgarh

3. The Collector, Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Shailendra Shukla, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/10/17 Heard on application for restoration of Writ Petition No. 1688 of 2004. 2.

The applicant is seeking restoration of Writ Petition No. 1688 of 2004 which was dismissed by this Court for want of prosecution vide order dated 11.09.2017.

3.

On due consideration of the submissions of the learned counsel for the applicant and the grounds taken in the restoration petition, I am satisfied that the absence of the applicant's counsel on 11.09.2017, when the Writ Petition No. 1688 of 2004 was taken up for hearing, was based on bonafide grounds.

4.

The M.C.C. No. 766 of 2017 is, therefore, allowed and the Writ Petition No. 1688 of 2004 is restored to its original number subject to payment of cost of Rs.7,500/- (Seven Thousand Five Hundred) to the High Court Legal Aid Committee within ten days from today. SD/- (Sanjay K. Agrawal) Judge Priyanka