y H!GH COURT OF CHHATTISGARH AT BILASPUR DSVSSSON BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. APPLECANT M.C.C.No.81of2004 Chhattisgarh Housing Board (Formerly known as M.P. Griha Nirman Mandal) Through the Executive Engineer, Chhattisgarh Housing Board, Division Hirapur, Raipur (C.G.) NON-APPLICANTS 1 RESPONDENTS '^ 3. 4. 5. 6. 7. Versus State of Madhya Pradesh Through The Secretary, Revenue Department, Vallabh Bhawan, Bhopal (M.P.) The Commissioner (Revenue), Raipur Division, Raipur (M.P.) The Collector, Raipur (M.P.) The Land Acquisition Officer, Raipur (M.P.) Shri Sangram Singh, Dy. Collector, Panna (M.P.) Uadya Sahakari Griha Nirman Santha Limited, Shankar Nagar, Raipur (M.P.) Mst. Suna Wd/o Atasi 8. Khor Bahra, S/o Heera Singh 9. Tiju, S/o Heera Singh 10. Chandrabhaga, W/o Nankuram 11. Sohanlal, S/o Balchand 12. Sonarin Bai, W/o Nathu 13. Hathjyarin Bai, W/o Jharu 14. Jagdish, minor through: Father Guardian,Banau S/o Barhu 15. Ramji, minor through Father Guardian, Banau, S/o Barhu /K y ^i^y' ^ ^ ^,.';''?' 2- 16. Udairam, S/o Chatu 17. Tulu, S/o Chetu 18. Hirdi, S/o Chetu 19. Suguna, Wd/o Amru 20. Tulsiram, S/o Bodamal. 21. Anandram, S/o Fakirsingh 22. Chintram S/o Sukalu 23. Mekhram, S/o Sukalu 24. Damodar, S/l Hariram, Through: Guardian, mother Brajbai, W/o Hariram 25. Jagdish, S/o Kartik 26. Gangabai, W/o Jageshwar 27. Gowardhan, S/o Baimakhu 28. Somaru, S/o Jodhu 29. Pyarelal, S/o Bodhi 30. Bulaki, S/o Bodhi 31. Chamru, S/o Sumer Singh 32. Nizam, S/o Sumer Singh. 33. Bodhi, S/o Bishal. 34. Jhaggaram, S/o Hariram. 35. Sitaram, S/o Hariram. 36. Birambai, W/o Mahru 37. Mahasingh, S/o Beni 38. Khumansingh, S/o Ramshray 39. Laxmi Trust, Raipur Industries, Raipur (M.P.) Now (C.G.) 40. Pannalal, S/o Purshottam Das Nathani, Through:Laxmi Trust, Raipur Industries, ^^f^^ ..^-^^-;4 '%.. ^I... .^,^.:,' Raipur (M.P.) Now (C.G.) 41. Phulbai, S/o Pannalal Nathani, Through Laxmi Trust Raipur Industries, Raipur (M.P.)Now(C.G.) 42. Laxminarayan, S/o Pooranmal 43. Bisanla!, S/o Chironjilal 44. Gomtibai, W/o Sukhram 45. Suresh, S/o Yuvraz Thakur 46. Shantj Devi W/o Radhakrisan. 47. Dayawati, W/o Omprakash. 48. Shrilal, S/o Chhaganlal Bargi APPLICATION FOR RESTORATION Present: Shri Sanjay Patel, learned counsel for the petitioner. Shri N.K. Agrawal, Jearned Deputy Advocate General for respondents No. 1 to 4. ORDER (21st October, 2008) The foflowing order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on M.(C).P No. 1014/2004, a petrtion for condonation of delay in filing the restoration petition. 2. On due consideration, we are satisfied that the petitioner has succeeded in showing suffident cause for the delay in fiiing the restoration petition. 3. M.C.P No. 1014/2004, therefore, is allowed and the deiay in filing the restoration petition is hereby condoned. subbu 4. Learned counsel for the parties are heard on the restoration petition. 5. The petitioner is seeking restoration of W.P. No.3490/1987, which was dismissed for want of prosecution vide order dated 13-03-2003. 6. On due consideration of the submissions of learned counsel for the parties and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioner's counsel on 13-03-2003, when Writ Petition No.3490/1987 was taken-up for hearing, was based on bona fide grounds. 7. MCC No.81/2004, therefore, is allowed and Writ Petition No.3490/1987 js restored to its original number. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge