Rameshwar Prasad Died Through Lrs v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 820 of 2015 1.

Rameshwar Prasad (died), (1a) Rajesh Kumar Tiwari, aged about 49 years.

(1b) Ashish Kumar Tiwari, aged about 41 years.

Both are son of Late Shri Rameshwar Prasad Tiwari, R/o Village Adbhar, District Janjgir-Champa.

(1c) Smt. Anjana Pandey, w/o Shri Akhilesh Pandey, aged about 43 years, R/o 286, Samta Colony, Raipur.

(1d) Smt. Archana Tiwari, W/o Shri Harekeshav Tiwari, aged about 39 years, R/o in front of Farishta Complex Station Road, Durg. (1e) Smt. Alpana Mishra, W/o Shri Arvind Mishra, aged about 37 years, R/o Near Old Bus Stand, Bemetara, District Durg. (1f) Smt. Kamla Tiwari, Wd/o. Late Rameshwar Prasad Tiwari, aged about 65 years, R/o Village Adbhar, District Janjgir-Champa. ---- Applicants

Versus

1.

State of Chhattisgarh, through Collector, Janjgir-Champa (CG) 2.

Land Acquisition Officer, Hasdeo Bango Project, Sakti, District Janjgir-Champa (CG).

---- Non-applicants For Applicants :

Shri Anand Kumar Shukla, Advocate.

For Non-applicant :

Shri Om Prakash Sahu, Government Advocate for the State.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/10/2015 (1) Heard on the question of the application for condonation of delay in filing the MCC (I.A.No.01/2015).

(2) Issue notice.

(3) Shri Om Prakash Sahu, Government Advocate accepts notice of behalf of the State.

(4) Learned State counsel opposes the prayer.

(5) On due consideration, I am satisfied that the applicants have succeeded in explaining the cause of delay in filing the MCC and, therefore, I.A.No.01/2015 is allowed. Delay in filing the MCC is condoned.

(6) Also heard on restoration application filed by the applicants. (7) Also issue notice on the restoration application. (8) Shri Om Prakash Sahu, Government Advocate accepts notice on behalf of the State.

(9) The applicants are seeking restoration of First Appeal No.08/2006 which was dismissed for want of prosecution vide order dated 31.10.2013.

(10) On due consideration of the submissions of the learned counsel for the applicants and the grounds taken in the restoration application, I am satisfied that the absence of the applicants' counsel on 31.10.2013 when First Appeal No.08/2006 was taken-up for hearing was based on bonafide grounds.

(11) Accordingly, M.C.C. No.820/2015 is allowed and First Appeal No.08/2006 is restored to its original number. Sd/- (Sanjay K. Agrawal) Judge