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2026 DAILYLAW 1948 (CHH)

MOHD. MOIN @ TULSI PRASAD v. BLOCK EDUCATION OFFICER

MCC/41/2026 · 2026-02-03

Shri Sanjay K Agrawal, Smt Rajani Dubey

body2026

Judgment text

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1 2026:CGHC:6251-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 41 of 2026 1 - Mohd. Moin @ Tulsi Prasad, S/o Shri Badri Prasad Aged About 55 Years Caste Sondhiya, R/o Ward No. 19, Manendragarh, District -Korea Chhattigarh ... Applicant versus 1 - Block Education Officer in Front of Police Station Manendragarh, District -Korea Chhattisgarh 2 - Head Master, Govt. Girls Middle School, Nayee Ledari, District- Korea Chhattisgarh 3 - Riyaz Ahmad S/o Shri Nisar Ahmad Aged About 28 Years R/o Ward No. 19, Manendragarh, District- Korea Chhattisgarh ... Respondent(s) For Applicant : Mr. Ramsevak Soni along with Mr. Ravi Kumar, Advocate For State/Respondents No. 1 & 2 : Mr. Rahul Tamaskar, G.A. 2 Hon’ble Shri Justice Sanjay K. Agrawal Hon’ble Smt. Justice Rajani Dubey Order on Board Sanjay K. Agrawal, J. 04.02.2026 1. Head on I. A. No. 01/2025, application for condonation of delay in filing the application for restoration. 2. After hearing learned counsel for the applicant and also considering the reasons mentioned in the application, we are of the considered opinion that sufficient cause has been shown by the applicant for condoning the delay, accordingly, I.A. No. 01/2025 is allowed and the delay of 749 days in filing the MCC is condoned. 3. Also heard on the application seeking restoration of MCC No. 708/2022 to its original file. 4. Learned counsel for the applicant submits that MCC No. 708/2022 was allowed vide order dated 03.11.2023, whereby First Appeal (M) No. 57/2017 was restored to its original number for hearing and disposal in accordance with law, subject to payment of cost of Rs. 2,000/- towards the High Court Legal Services Committee, along with proof thereof on or before 10.11.2023. It is further submitted that due to the unfortunate demise of the applicant’s son, the applicant could not deposit the said amount within the stipulated period, as a result of which MCC No. 708/2022 came to be dismissed. Therefore, learned counsel prays for grant of further 3 time to deposit the amount of Rs.2,000/- towards the High Court Legal Services Committee. 5. Learned State counsel does not dispute the fact that MCC No. 708/2022 stood dismissed by virtue of a peremptory order. 6. On due consideration and for the reasons stated in the application, the instant MCC is allowed. Consequently, MCC No. 708/2022 is restored to its original number for hearing and disposal in accordance with law. 7. The applicant is directed to deposit the cost of Rs.2,000/- towards the High Court Legal Services Committee within a period of 30 days from today. Sd/- Sd/- Sanjay K. Agrawal) (Rajani Dubey) Judge Judge Ruchi RUCHI YADAV Digitally signed by RUCHI YADAV