Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:56227-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 835 of 2025
1. Nand Kumar S/o Late Ramji Tiwari Aged About 49 Years R/o Purana Nakapara, Charama, P.S. Charama, Civil And Revenue District- Kanker, Uttar Baster, (C.G.)
2. Neelkanth Mandavi S/o Shri Budhram Mandavi Aged About 44 Years R/o Ward No. 1, Nagar Panchayat Narharpur, Tahsil And P.S. Narharpur, Civil And Revenue District- Kanker, Uttar Baster (C.G.)
3. Amit Yadav S/o Shri Prem Kumar Yadav Aged About 42 Years R/o Near Teer Bidi Company, Nakapara, Charama, P.S. Charama, Tahsil- Kanker, Civil And Revenue District- Kanker, Uttar Baster (C.G.)
... Appellant(s) versus
1. State of Chhattisgarh Through - The Secretary, Town Administration And Development, Mahanadi Bhawan, Naya Mantralaya, P.S. Mandir Hasoud, New Raipur, District- Raipur (C.G.)
2. Director Directorate of Town Administration and Development, R.D.A. Building, Raipur, Tahsil And District- Raipur (C.G.)
3. Chief Municipal Officer Nagar Panchayat, Narharpur, Tahsil- Narayanpur, Civil And Revenue District- Kanker, Uttar Baster (C.G.) BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.11.19 18:53:44 +0530
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4. Shri Likesh Sonwanshi S/o Shri Jhadu Ram Sonwanshi Aged About 33 Years R/o Narharpur, Tahsil And P.S. Narharpur, Civil And Revenue District- Kanker, Uttar Baster (C.G.)
5. Sarita Sahu D/o Haldhar Aged About 37 Years R/o M.G. Ward No. 14, Kanker, P.S. And Tahsil- Kanker, Civil And Revenue District- Kanker, Uttar Baster (C.G.)
...Respondent(s) (Cause-title taken from Case Information System) For Appellants : Mr. Somkant Verma, Advocate. For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Judgment
on Board
Per
Ramesh Sinha
, Chief Justice
19 .11.2025
1. Heard Mr. Somkant Verma, learned counsel for the appellants. Also heard Mr. S. S. Baghel, learned Deputy Government Advocate appearing for the State.
2. The present intra-Court appeal has been preferred against the
order dated 02.05.2023 passed by the learned Single Judge in WPS No. 1301 of 2013 & batch (Likesh Sonwanshi & Others vs. State of Chhattisgarh & Another), whereby the writ petition filed by respondents No. 4 and 5 herein came to be dismissed.
3. Today, the matter is listed for orders on default.
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4. As per the office note dated 03.11.2025, the appeal is reported to be barred by 855 days. Despite this, the appellants have not filed any application under Section 5 of the Limitation Act seeking condonation of delay. No explanation whatsoever has been placed on record to justify such an inordinate delay.
5. The office note further reveals that several other defects were also pointed out by the Registry at the time of scrutiny, which demonstrates that the appeal has been filed in a highly casual manner, without attending to the basic procedural requirements expected in the filing of an intra-Court appeal.
6. This Court is of the considered opinion that when the appeal itself is hopelessly barred by limitation and no effort has been made to seek condonation of delay, the appellants cannot be permitted to maintain the present appeal. The additional defects noted by the Registry only reinforce the conclusion that the appeal has not been filed with due diligence.
7. Accordingly, the appeal stands dismissed as barred by limitation. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice Brijmohan