Aishwarya High Rise Private Limited v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 63 of 2017 • Aishwarya High Rise Private Limited Through Director Anad Sharma S/o Late Mahavir Prasad Sharma, Aged About 37 Years, R/o Katora Talab Raipur, Shriram Heritage, Raipur, District Raipur, Chhattisgarh ---- Applicant

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Mahanadi Bhawan, Mantralaya, Post & P.S. Mandir Hasaud, Raipur, Chhattisgarh

2. Raipur Development Authority, Through Its Chief Executive Officer, Second Floor, Bhakt Matakarma Commercial Complex, New Rajendra Nagar, Raipur, Chhattisgarh

3. Assistant Revenue Officer, Raipur Development Authority, Raipur, Chhattisgarh ---- Respondents For Applicant :

Shri Aman Kesharwani, Advocate For Respondent No.1/State :

Shri Viond Deshmukh, GA for the State For Respondent No.2 & 3 :

Shri Sumesh Bajaj, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/01/2017 I.A. No.1 This is an application for condonation of delay in filing the restoration application.

In view of the order passed by this Court in Smt. Jyoti Vs. General Manager, Canara Bank {MCC 591/2016} holding that the provisions of limitation act do not apply in the writ proceedings or in proceedings arising therefrom, there is no requirement of filing of application for condonation of delay. M.C.C. No.

This is an application for restoration of WPC No.1788/2016 which was dismissed for non-compliance of Court order dated 19.10.2016. On due consideration and for the reasons mentioned in the restoration application, it is allowed and WPC No.1788/2016 is directed to be restored to its original number, subject , however, on payment of cost of Rs.1000/- to HIGH COURT OF CHHATTISGARH MIDDLE INCOME GROUP LEGAL AID SOCIETY within a period of one week.

It is made clear, if the cost is not paid within a period of one week from today, this order shall lose its efficacy Sd/- Judge Prashant Kumar Mishra ashu