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High Court Of ChhattisgarhMCC/913/2017allowed

Nand Kishore Prasad v. The South Eastern Coalfields Limited

2017-12-15Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 913 of 2017

1. Nand Kishore Prasad S/o Late Shri Shiv Prasad Singh, Aged About 48 Years R/o Deepka Colony, Quarter No. M/533, Post Office W.C.L. Gevra Project, District Korba, Chhattisgarh

2. Premdhar Singh S/o Late Shri Shiv Prasad Singh, Aged About 45 Years R/o Deepka Colony, Quarter No. M/533, Post Office W.C.L. Gevra Project, District Korba, Chhattisgarh ---- Petitioners

Versus

1. The South Eastern Coalfields Limited Through The Chairman Cum Managing Director, Sipat Road, Bilaspur, Chhattisgarh

2. The Chief General Manager, South Eastern Coalfields Limited, Gevra Project, Gevra Area, Korba, District Korba, Chhattisgarh

3. Nodal Officer (Revenue), South Eastern Coalfields Limited, Gevra Area, Gevra, District Korba, Chhattisgarh

4. The Collector, Korba, Chhattisgarh

5. The Sub Divisional Officer (Revenue), Katghora, District Korba, Chhattisgarh

6. Naib Tahsildar, Deepka, Block Katghora, District Korba, Chhattisgarh

7. Itwar Ram S/o Ghasiya, R/o Village Deepka, Block Katghora, District Korba, Chhattisgarh ---- Respondents For Petitioners :

Mr. Siddharth Dubey, Advocate.

For Respondents :

Mr. H.B. Agrawal, Senior Adv. With Mr. Pankaj Agrawal, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/12/17 1.

Heard on application for restoration of Writ Petition (C) No. 564 of

2008.

2.

The applicant is seeking restoration of Writ Petition (C) No. 564 of 2008 which was dismissed by this Court for want of prosecution vide order dated 13.11.2017.

3.

On due consideration of the submissions made by 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 13.11.2017, when the Writ Petition (C) No. 564 of 2008 was taken up for hearing, was based on bonafide grounds.

4.

The M.C.C. No. 913 of 2017 is, therefore, allowed and the Writ Petition (C) No. 564 of 2008 is restored to its original number subject to payment of cost of Rs. 4000/- (For Thousand Only) to the High Court Legal Aid Committee within ten days from today.

Sd/- (Sanjay K. Agrawal) Judge Priyanka