Barkat Tulla Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 98 of 2017 • Barkat Tulla Khan S/o A.K.Pasa, Aged About 44 Years R/o Tribal Colony, Ward No.2, Dantewada, Post Office And Police Station Dantewada, Chhattisgarh ---- Applicant

Versus

1. The State of Chhattisgarh Through Secretary, Health & Family Welfare Department, Secretariat, Mahanadi Bhawan, New Raipur, P.S. And Post Office Rakhi District Raipur, Chhattisgarh

2. The Director, Health Services, Raipur, District Raipur, Chhattisgarh

3. The Collector, South Bastar, Dantewada, Chhattisgarh

4. Civil Surgeon & Health Officer, Dantewada, District Dantewada, Chhattisgarh ---- Respondent For Applicant :

Shri Gokul Mehar, Advocate For Respondents-State :

Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 28/04/2017 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 WPS No.543/2013 which was dismissed for non-compliance of Court order dated 27.04.2015. On due consideration and for the reasons mentioned in the restoration application, it is allowed and WPS No.543/2013 is directed to be restored to its original number, subject , however, on payment of cost of Rs.2000/- 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