National Institute Of Technology v. Sumit Kumar Patel

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 143 of 2016

1. National Institute Of Technology Raipur, Through Registrar, G.E. Road, Raipur, District Raipur, Chhattisgarh ................. (Respondent In W.P.(C) 1439/2016) ---- Petitioner

Versus

1. Sumit Kumar Patel S/o Shri Mahendra Kishore Patel, Aged About 22 Years R/o Rawanbhathapara, Police Station And Tahsil Pithora, District Mahasamund, Chhattisgarh (Petitioner In W.P.(C) 1439/2016)

2. Union Of India, Department Of Technical Education, New Delhi.

3. Director, Department Of Technical Education, New Delhi.

4. The Director, Technical Education Directorate, Indrawati Bhawan, Capital Complex, New Raipur, District Raipur, Chhattisgarh .................

---- Respondent For Petitioner Shri Prateek Sharma, Advocate For Respondent No.1 Ms. Madhunisha Singh, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 28/07/2017 I.A.No.1 1.

This is an application for condonation of delay in filing the review petition.

2.

In view of the order passed by this Court in Smt. Jyoti v. General Manager, Canara Bank (MCC No.591 of 2016) holding that the provisions of the Limitation Act do not apply in the writ proceedings or in proceedings arising therefrom, there is no requirement of filling of application for condonation of delay.

Revp.No.143 of 2016 3.

At the very outset, learned counsel for the parties would agree that the order dated 13-6-2016 passed in WPC No.1439 of 2016 having been passed in a batch of matters wherein the institutions belonging to the State Governments were involved, there is no independent adjudication as to whether the order passed by this Court in Dr. (Major) Thakur Ajit Singh v. Madhya Pradesh Electricity Board & Others (WP No.1218 of 1995) would apply to a society under the control of the Central Government (NIT).

4.

In view of the above, the order dated 13-6-2016 passed in WPC No.1439 of 2016 is recalled. The said writ petition is restored to its original number for decision on merits by the appropriate Bench having the roster.

5.

Accordingly, this review petition stands disposed of. Sd/- Judge Prashant Kumar Mishra Gowri