High Court Of ChhattisgarhMCC/932/2016allowed

Shri Rawatpura Sarkar Polytechnic v. State Of Chhattisgarh

2016-12-16Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 932 of 2016

1. Shri Rawatpura Sarkar Polytechnic Through: The Executive Director Of Shri Ravatpura Sarkar Lok Kalyan Trust, Namely Shri Shekhar Kothari, S/o Late Amarchand Kothari, Aged 37 Years, R/o Walford Enclave, Near Ramkrishnacare Hospital, Pachpedi Naka, Raipur, Chhattisgarh, Registered Trust Of Rawatpura Sarkar Politechnic Is Near Shadani Darbar, Village Dhaneli, Mana Camp, Raipur, Chhattisgarh, Civil And Revenue District Raipur, Chhattisgarh

2. Shri Shekhar Kothari S/o Late Amarchand Kothari, Aged About 37 Years R/o Walford Enclave, Near Ramkrishna Care Hospital, Pachpedi Naka, Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through: Commissioner-Cum-Principal Secretary, Higher & Technical Education, D.K.S. Bhawan Mantralaya, Raipur, District Raipur, Chhattisgarh

2. Chhattisgarh Swami Vivekanand Technical University, Through Its Registrar, North Park Avenue, Sector-8 Bhilai, District Durg, Chhattisgarh

3. All India Council For Technical Education (A Statutory Body Under Ministry Of H R D, Government Of India), Through Its Chairman, All India Council For Technical Education, 7th Floor, Chandralok Building, Janpad New Delhi- 110001

4. Director, Technical Education, Directorate Of T.E. Raipur, Indrawati Bhawan, Mantralaya, Raipur, Chhattisgarh ---- Respondent For Petitioner Mr. Manay Nath Thakur, Advocate For Respondent /State Mr. Ramakant Mishra, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 16/12/2016

1. In view of the order dated 13.12.2016 passed in MCC No.591 of 2016 by this Court, there is no need of filing an application for condonation of delay when the order was passed in writ proceedings, therefore, MCC No.932 of 2016 does not appear to be barred under the principle of delay and laches. Accordingly, IA No.01, an application for condonation of delay in filing the said MCC, is disposed of, as unnecessary.

2. Heard on MCC No.932 of 2016.

3. This is an application for restoration of MCC No.731 of 2016, which in turn is an application for restoration of WPC No.1784 of 2016.

4. MCC No.731 of 2016 was dismissed for non-compliance of the Court order dated 5.10.2016.

5. On due consideration and for the reasons mentioned in MCC No.932 of 2016, the same is allowed and MCC No.731 of 2016 is directed to be restored to its original number.

Sd/- Judge (Prashant Kumar Mishra) Shyna