High Court Of ChhattisgarhMCC/604/2018allowed

Lord Balaji Mandir v. State Of Chhattisgarh

2019-01-25Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 604 of 2018 Lord Balaji Mandir, Through : Pujari Yogendra Sharma, son of late Ganesh Prasad Sharma, Caste Bramhin, aged about 50 years, R/o. Balaji Mandir, Rajapara, Kanker, District Kanker (C.G.) ----Applicant/Petitioner

Versus

1. State of Chhattisgarh, Through: The Secretary, Revenue Department, D.K.S. Bhawan, Raipur (C.G.)

2. Collector (Revenue Department), Kanker, District Kanker (C.G.)

3. Tahsildar, Kanker, District Kanker (C.G.)

4. Tahsildar, Narharpur, District Kanker (C.G.),

5. Minor Rukhmani, Through Natural Guardian Smt. Neera Bai, R/o. Bewarti, Police Station Kanker, District Kanker (C.G.)

6. Tikeshwar Sharma, son of late Ganesh Prasad Sharma, aged about 35 years, R/o. Rajapara, Kanker, District Kanker (C.G.) ---- Respondents For Applicant : Mr. N.K. Chatterjee, Advocate.

For State : Ms. K. Tripti Rao, PL Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/01/2019 (1) Counsel for the applicant is heard on restoration petition. (2) The applicant is seeking restoration of Writ Petition (C) No. 4128 of 2009 which was dismissed for want of prosecution vide order dated 23.07.2018. (3) On due consideration of the submissions of the learned counsel for the petitioner and the grounds taken in the restoration petition, I am satisfied that the absence of petitioner's counsel on 23.07.2018 when Writ Petition (C) No. 4128 of 2009 was taken-up for hearing was based on bona fide grounds. (4) M.C.C. No. 604 of 2018, therefore, is allowed and Writ Petition (C) No. 4128 of 2009 is restored to its original number.

Sd/- (Sanjay K. Agrawal) Judge D/-