1 2025:CGHC:15921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 142 of 2025 Abdul Rauf S/o Adul Jabbar R/o Takiya Para Durg (C.G.), Through The Power Of Attorney Holder - Subhash Sharma, S/o Shri Lalchand Sharma Aged About 62 Years, R/o Ward No. 17, House No. 17, Kadambari Nagar, Tahsil And District Durg (C.G.). ... Petitioner versus 1 - State Of Chhattisgarh through Secretary, Department Of Town And Country Planning Mahanani Bhawan, New Raipur, Raipur (C.G.). 2 - Through Commissioner, Municipal Corporation (Nigam Palika Nigam Durg) District Durg (C.G.). 3 - Appeal Samiti, Municipal Corporation Durg, District Durg (C.G.). 4 - The Revenue Officer, Municipal Corporation, Durg, District Durg (C.G.). ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Shubham Dewangan, Advocate For State/Respondent No.1 : Ms. Upasana Mehta, Dy. Govt. Advocate For Respondents No.2 to 4 : Mr. Praveen Das, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 04.04.2025 1 Heard Mr. Shubham Dewangan, learned counsel for the petitioner as well as Ms. Upasana Mehta, learned Dy. Government Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.08 13:47:44 +0530 2 appearing for the State/respondent No.1 and Mr. Praveen Das, learned counsel appearing for respondents No.2 to 4. 2 The present MCC has been filed by the petitioner for restoration of WPC No.1812 of 2014, which was dismissed vide peremptory order dated 06.11.2024. 3 It is reflected from the record that the petitioner has filed an application under Section 5 of the Limitation Act, which is not applicable in the writ jurisdiction. 4 Perusal of the order-sheet dated 06.11.2024 would show that the Hon’ble High Court has passed peremptory order as “Two weeks’ time is granted to the petitioner to comply the orders and within the said period, if the order is not complied for, then the matter shall be automatically dismissed without further reference to the Bench. 5 By the impugned peremptory order, the writ petition had been dismissed, which has been caused because of fault on part of the appearing counsel, for which the petitioner may not be suffered. Hence, the petitioner is filing instant MCC for restoration of WPC No.1812/2014. 6 For the reasons stated in the application, the same is allowed. WPC No.1812/2014 is restored to its original number. 7 Accordingly, the MCC is allowed and WPC No.1812/2014 is restored to its original number for hearing and disposal in accordance with law subject to payment of cost of Rs.1,000/- to 3 the High Court Legal Aid Committee within a period of 15 working days. 8 With this direction, the MCC is hereby allowed. Sd/- Sd/- - (Amitendra Kishore Prasad) Judge Yogesh