Rakesh Saraogi v. State Of Madhya Pradesh Now Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C.

No.

of Rakesh Saraogi, S/o Shri Satyanarayan Sarogi, aged about 53 years the then Managing Director, Raipur, Resorts & Properties Private Limited, Shankar Nagar, Raipur, District - Raipur, Chhattisgarh ---- Applicant

Versus

1. State of Madhya Pradesh (Now Chhattisgarh), through, Secretary Housing & Environment, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh

2. The Municipal Corporation, Raipur, A body incorporated under Section-7 of Madhya Pradesh/CG Municipal Corporation, Raipur, Chhattisgarh

3. The Commissioner, Municipal Corporation, Raipur, Chhattisgarh

4. Anil Kumar Khetan, S/o Devi Prasad Khetan, C/o R.B. Seal Stores. Moudhapara, Raipur (C.G.) ---- Respondents For Petitioner :

Mr. Manish Nigam, Advocate.

For Respondents No. 2 & 3:

Mr. H.B. Agrawal, Senior Advocate with Mrs. Prabha Sharma, Adv.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 9 /201 (1) Counsel for the applicant is heard on restoration petition. (2) The applicant is seeking restoration of Writ Petition No. 6161 of 1998 which was dismissed for want of prosecution vide order dated 28.06.2017. (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 28.06.2017 when Writ Petition No.6161 of 1998 was taken-up for hearing was based on bona fide grounds. (4) M.C.C. No. 595/2017, therefore, is allowed and Writ Petition No. 6161/1998

is restored to its original number subject to payment of cost of Rs. 5,000/- payable to the High Court Legal Aid Committee. (5) The writ petition be listed for final hearing expeditiously. Sd/- (Sanjay K. Agrawal) Judge D/-