Tulsi Ram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 208 of 2017 • Tulsi Ram Sahu S/o Late Shri Bishnath Sahu, Aged About 57 Years Agriculturist, R/o Village Bhawanipur, R.I. And Circle And Tehsil Palari, District Raipur, Chhattisgarh ---- Applicant

Versus

1. State of Chhattisgarh Through: The Collector Raipur, District Raipur, Chhattisgarh

2. The Tahsildar, Tehsil Palari, District Raipur, Chhattisgarh ---- Respondents For Applicant :

Shri MD Sharma, Advocate For Respondents-State :

Shri UNS Deo, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 08/03/2017 I.A. No.1 This is an application for condonation of delay in filing the restoration application.

Although the principle in terms of Section 5 of the Limitation Act seeking condonation of delay in filing the restoration application is not applicable to a writ proceeding as held by this Court in Smt. Jyoti Vs. General Manager, Canara Bank {MCC 591/2016}, however, the explanation offered in the application explaining delay and laches deserves to accepted. On due consideration and for the reason that on the date when the writ petition came up for hearing, the counsel was on adjustment, the delay and laches

has been satisfactorily explained.

M.C.C. No.

This is an application for restoration of WP No.1295/2004 which was dismissed for want of prosecution vide order dated 25.10.2010. On due consideration and for the reasons mentioned in the restoration application, it is allowed and WP No.1295/2004 is directed to be restored to its original number.

Sd/- Judge Prashant Kumar Mishra Ashu