High Court Of ChhattisgarhMCC/334/2017allowed

Rajeshwer Nath Nande v. State Of Chhattisgarh

2017-05-02Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 334 of 2017 • Rajeshwer Nath Nande S/o Shri Radheshyam Nande, Aged About 30 Years R/o Village Rampur, P.O. Rampur, Tahsil Kertala Via Bhaishma, P.S. Kertala, District Korba, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through, Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan Naya Raipur, P.S. Abhanpur, District Raipur, Chhattisgarh

2. Bilaspur University, Through Vice Chancellor Bilaspur University, Old High Court P.S. Civil Lines, Bilaspur, District Bilaspur, Chhattisgarrh

3. Registrar, Bilaspur University, Old High Court Building P.S. Civil Lines, Bilaspur, District Bilaspur, Chhattisgarh

4. V.P.Vipra Law College, Through Principal V.P.Vipra Law College, Sarkanda, P.S. Sarkanda Bilaspur, District Bilaspur, Chhattisgarh

5. University Grant Commission Through Registrar, Bahadur Shah Zafar Marg New Delhi, P.S. New Delhi, District- Delhi ---- Respondents For Petitioner :

Shri Atul Pandey, Advocate For Respondents-State :

Ms. K. Tripti Rao, PL for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/05/2017 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 WPS No.2518/2016 which was dismissed for non-compliance of Court order dated 05.10.2016. On due consideration and for the reasons mentioned in the restoration application, it is allowed and WPS No.2518/2016 is directed to be restored to its original number, however, the petitioner having failed to deposit the cost of Rs.1000/- as directed while allowing MCC No. 334/2017, the petitioner shall now be required to pay cost of Rs.2000/- 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