Mirza Hanif Beig v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 503 of 2020

1. Mirza Hanif Beig, S/o Shri Mirza Haidar Ali Beig, Aged About 40 Years, R/o Nagpur Chouraha, Tahsil Manendragarh, Revenue And Civil Korea Chhattisgarh

2. Mirza Hafeez Beig, S/o Shri Mirza Haidar Ali Beig, Aged About 37 Years R/o Nai Basti, Raja Talab, Raipur Tahsil And Revenue And Civil Raipur, District : Raipur, Chhattisgarh

3. Smt. Sayra Qureshi, W/o Naushad Ahmed Qureshi, Aged About 35 Years R/o Bag Umraon, Dulha Colony, Bhopal (Chhattisgarh)

4. Smt. Shabana Qureshi, W/o Hasan Qureshi, Aged About 33 Years, R/o Village Lohrakapa, Tahsil Mungeli, Revenue District Mungeli, Civil , District : Mungeli, Chhattisgarh

5. Mirza Habib Beig, S/o Shri Haidar Ali Beig, Aged About 31 Years, R/o Tulsipur, Tahsil And Revenue And Civil Rajnandgaon, District : Rajnandgaon, Chhattisgarh ---- Applicants

Versus

1. State Of Chhattisgarh Through Its Secretary, State Government, Dau Kalyan Singh Bhawan, Mantralaya Raipur (Now Mahanadi Bhawan, Atal Nagar, New Raipur), District : Raipur, Chhattisgarh

2. Board Of Revenue, Chhattisgarh Headquarter- Mungeli Road, Bilaspur, District : Bilaspur, Chhattisgarh

3. Collector, Bilaspur, District : Bilaspur, Chhattisgarh

4. Sub Divisional Officer, Revenue Sub Division Kota, Tahsil Kota, District : Bilaspur, Chhattisgarh

5. Tahsildar, Takhatpur, District : Bilaspur, Chhattisgarh

6. Patwari, Takhatpur, District : Bilaspur, Chhattisgarh

7. Nagar Panchayat, Takhatpur, Through Chief Municipal Officer, Takhatpur, District : Bilaspur, Chhattisgarh

8. Smt. Surendra Kaur, President Nagar Panchayat Takhatpur, District : Bilaspur, Chhattisgarh

-29. Jagjit Singh Makkad, Ex. Mla, Takhatpur, District : Bilaspur, Chhattisgarh -----Respondents For Applicants :

Mr. Vipin Punjabi, Advocate For State :

Mr. Anand Verma, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 04.11.2020

1. The present MCC has been filed seeking restoration of Writ Petition No. 4789 of 2005, which got dismissed for want of prosecution on 09.07.2020.

2. The counsel for the applicants submits that on account of the ill health, the learned arguing counsel could not appear when the matter was listed on 09.07.2020, which led to the dismissal of the writ petition. The counsel appearing for the applicants submits that given a date, the matter can be argued by the counsel and that there is no malafide on the part of the applicants on the last date when the matter got dismissed.

3. Given the said submission by the counsel for the applicants, the MCC stands allowed and the Writ Petition No. 4789 of 2005 stands restored to its original number with a condition that the matter shall be listed on 05.11.2020 for final disposal at motion stage with a clear understanding that no further adjournment shall be granted to the applicants' counsel under whatsoever circumstances.

4. Accordingly, the present MCC stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge Rahul