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High Court Of ChhattisgarhMCC/823/2016allowed

Dr. Kalpana Dash v. State Of Chhattisgarh

2017-03-02Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 823 of 2016 • Dr. Kalpana Dash Aged About 52 Years W/o Dr. D.K.Dash Panch Ram, Working As Medical Practitioner, R/o B-603, Kohinoor, Ashok Ratna Shanker Nagar, Tahsil & Distt. Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Ministry Of Town And Country Planning, Mantralaya Mahanadi Bhawan Capital Complex Naya Raipur, Chhattisgarh

2. Naya Raipur Development Authority, Through Its Chief Executive Officer Naya Raipur Development Mantralaya Mahanadi Bhawan Naya Raipur, Chhattisgarh

3. Santosh Devi W/o Shri Ashok Agarwal, Aged About 60 Years R/o Budhapara Raipur, Chhattisgarh ---- Respondents For Petitioner Shri Shailendra Sharma, Advocate For Respondent-State Shri U. N. S. Deo, GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/03/2017 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 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.

M.C.C. No.823/2016 This is an application for restoration of WPC No.2237/2015, which was dismissed for non-compliance of Court order dated 23.12.2015. On due consideration and for the reasons mentioned in the restoration application, it is allowed and WPC No.2237/2015 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