1 CGHC010359572025 2026:CGHC:31536 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 960 of 2025 1 - Babulal S/o Nanku Aged About 40 Years R/o Village Baremkela, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 2 - Kanhaiya S/o Nanku (Since Dead) Nil 2.1 - (A) Smt. Gouri Bai W/o Late Kanhaiya Lal Aged About 45 Years Caste Aghariya, R/o Village Baramkela, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 2.2 - (B) Ku. Vijay Laxmi @ Karishma D/o Kanhaiya Lal Aged About 19 Years Caste Aghariya, R/o Village Baramkela, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 2.3 - (C) Minor Taran S/o Late Kanhaiya Lal Aged About 17 Years Caste Aghariya, Through Legal Guardian Mother Smt. Gouri Bai W/o Kanhaiyalal, R/o Village Baramkela, Tahsil Sarangarh, District Raigarh, Chhattisgarh. (Presently Taran Is Become Adult) 3 - Vidyasagar S/o Jailal Ijardar Aged About 50 Years Caste Kalar, R/o Village Baramkela, Tahsil Sarangarh, District Raigarh, Chhattisgarh. ... Petitioners/Applicants Versus 1 - Sadanand S/o Chaitram Aged About 52 Years Caste Aghariya, R/o Village Baramkela, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 2 - Gajanand S/o Chaitram Aged About 50 Years Caste Aghariya, Occupation Agriculturist, R/o Village Baremkela, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 3 - Smt. Ratna Bai D/o Chaitram Aged About 55 Years Caste Aghariya, R/o Village Barmkela, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 4 - Munu S/o Chintaram (Dead) Nil 4.1 - (A) Smt. Gyan D/o Munu, W/o Bhagwan Aged About 32 Years R/o Village Kundurpali, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 4.2 - (B) Smt. Fukumari D/o Munu, W/o Ramji R/o Village Gourdih, Post Birnipali, Tahsil Baramkela, District Raigarh, Chhattisgarh. 4.3 - (C) Smt. Urmila D/o Munu, W/o Indal R/o Village Sanda, Post Bar, Tahsil Baramkela, District Raigarh, Chhattisgarh. 4.4 - (D) Ramu @ Lalita S/o Munu Aged About 25 Years R/o Village Baramkela, Tahsil Baramkela, District Raigarh, Chhattisgarh. Digitally signed by RAMESH KUMAR VATTI Date: 2026.07.24 14:44:58 +0530 2 4.5 - (E) Lilawati Wd/o Munu R/o Village Baramkela, Tahsil Baramkela, District Raigarh, Chhattisgarh. 5 - Smt. Radha Bai D/o Mahasingh Aged About 50 Years Caste Aghariya, R/o Village Kenabhatha, Tahsil Dabhara, District Janjgir-Champa, Chhattisgarh. 6 - Malikram S/o Late Madhulal Aged About 52 Years R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 7 - Smt. Premkunwar Wd/o Premlal Aged About 52 Years R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 8 - Puranjan S/o Jai Singh (Dead) Nil 8.1 - (A) Smt. Hemkunwar D/o Late Puranjan Aged About 60 Years Caste Aghariya, R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 8.2 - (B) Smt. Ratna D/o Late Puranjan Aged About 42 Years Caste Aghariya, R/o Village Jalgarh, Tahsil Baramkela, District Raigarh, Chhattisgarh. 8.3 - (C) Smt. Ramwati D/o Late Puranjan, W/o Gourchand Aged About 60 Years Caste Aghariya, R/o Village Navrangpur (Boda), Tahsil Saraipali, District Mahasamund, Chhattisgarh. 9 - Niranjan S/o Jai Singh (Dead) Nil 9.1 - (A) Smt. Prabhawati W/o Vidyasagar Nayak Aged About 55 Years Caste Aghariya, R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 9.2 - (B) Ravishankar S/o Vidyasagar Aged About 30 Years Caste Aghariya, R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 9.3 - (C) Shivcharan S/o Niranjan Aged About 45 Years Caste Aghariya, R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 9.4 - (D) Vijay S/o Late Babulal Aged About 32 Years Caste Aghariya, R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 9.5 - (E) Sanjay S/o Late Babulal Aged About 30 Years Caste Aghariya, R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 9.6 - (F) Mohanpyari Wd/o Late Ramcharan Aged About 50 Years Caste Aghariya, R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 9.7 - (G) Sitaram S/o Late Ramcharan Aged About 26 Years Caste Aghariya, R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 9.8 - (H) Seema D/o Late Ramranjan Aged About 26 Years Caste Aghariya, R/o Village Kansha (Malda), Tahsil Sarangarh, District Raigarh, Chhattisgarh. 10 - Vedram @ Laxminarayan S/o Hriday Ram Aged About 35 Years Caste Aghariya, R/o Village Baramkela, Tahsil Baramkela, District Raigarh, Chhattisgarh. 11 - Parwati Bai D/o Hirday Ram Aged About 40 Years R/o Village Katangpali, Post Tousir, Tahsil Baramkela, District Raigarh, Chhattisgarh. 12 - Pilanoni D/o Hirday Ram Aged About 38 Years R/o Village Ameri, Post Devgoan, Tahsil Baramkela, District Raigarh, Chhattisgarh. 13 - Ganesh Ram S/o Dhansai (Dead) Nil 3 13.1 - (A) Smt. Mathura Nayak W/o Late Ganesh Ram Aged About 60 Years Caste Aghariya, R/o Village Post Pirda, Tahsil Saraipali, District Mahasamund, Chhattisgarh. 13.2 - (B) Minor Kiran S/o Late Ganesh Ram (Wrongly Mentioned Gayaram) Aged About 7 Years Through Legal Guardian Mother Mathura Nayak, Caste Aghariya, R/o Village Post Pirda, Tahsil Saraipali, District Mahasamund, Chhattisgarh. 13.3 - (C) Smt. Pushpa Wd/o Rukman Aged About 35 Years Caste Aghariya, R/o Village Post Pirda, Tahsil Saraipali, District Mahasamund, Chhattisgarh. 13.4 - (D) Minor Sumit S/o Late Rukman Aged About 6 Years Through Legal Guardian Mother Pushpa (Res. No. 13(C), Caste Aghariya, R/o Village Post Pirda, Tahsil Saraipali, District Mahasamund, Chhattisgarh. 13.5 - (E) Minor Mamta D/o Late Rukman Aged About 8 Years Through Legal Guardian Mother Pushpa Wd/o Late Rakman, Caste Aghariya, R/o Village Post Pirda, Tahsil Saraipali, District Mahasamund, Chhattisgarh. 14 - Biharilal S/o Dhansai Aged About 10 Years Through Legal Guardian Brother Ashok Kumar, S/o Dhansai, R/o Village Post Pirda, Tahsil Saraipali, District Mahasamund, Chhattisgarh. 15 - Ashok Kumar S/o Dhansai Aged About 35 Years Caste Aghariya, R/o Village Post Pirda, Tahsil Saraipali, District Mahasamund, Chhattisgarh. 16 - Gorakhnath S/o Ghasiram Aged About 25 Years Caste Aghariya, Occupation Agriculturist, R/o Village Dadarpali, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 17 - Bhutnath S/o Ghasiram Aged About 35 Years Caste Aghariya, Occupation Agriculturist, R/o Village Dadarpali, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 18 - State Of Chhattisgarh Through Collector, Raigarh, District Raigarh, Chhattisgarh. ... Respondents/Non-Applicants For Applicants : Mr. Ravi Kumar Banjare, Advocate For Non-Applicant No. 2 For Non-Applicant No. 9 For Non-Applicant No. 18 : : : Mr. Pallav Mishra, Advocate Mr. Devendra Kumar Bhardwaj, Advocate holding the brief of Mr. Roop Naik, Advocate Mr. Rishabh Chandra Singh Deo, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/07/2026 1. This is the 3rd application (MCC No. 960/2025) for restoration of S.A. No. 686/2018. In the said appeal, vide order dated 19.12.2023, the 4 appellant was directed to cure the defects pointed out by the Registry within period of three weeks. It was also observed that if the default is not rectified within three weeks, the appeal shall be dismissed without further reference to the Bench. The applicants herein failed to rectify the defects within given period and accordingly second appeal was dismissed. 2. The applicants filed MCC No. 96/2025 for restoration of second appeal on 24.12.2024. The said application was taken up for hearing on 30.01.2025 and two weeks’ time was granted to the counsel appearing for the applicants to cure defects pointed out by the Registry and again peremptory order was passed. The applicants failed to rectify the defects within given time and said MCC was dismissed. 3. Second MCC No. 669/2025 was filed on 15.04.2025 for restoration of MCC No. 96/2025. The said application came up for hearing on 09.07.2025, but on said date no one appeared for the applicants in two rounds and consequently the application was dismissed for want of prosecution vide order dated 09.07.2025. 4. Third MCC No. 960/2025 was moved on 04.08.2025 for restoration of MCC No. 669/2025. 5. Learned counsel appearing for the applicants would contend that due to inadvertence, no one appeared when MCC No. 669/2025 was taken up for hearing. He would submit that the applicants are highly interested to pursue the earlier application for restoration. He would pray to restore MCC No. 669/2025. 6. On the other hand, learned counsel appearing for the respective non- applicants would oppose. They would contend that no steps have been taken by the applicants for restoration of MCC No. 96/2025 which was 5 dismissed on account of peremptory order dated 30.01.2025. They would contend that it is third application for restoration, which shows that the applicants are not interested in the matter. They would contend that initially the applicants failed to rectify mistake pointed out by the Registry in S.A. No. 686/2018. Subsequently they failed to rectify the defects in MCC No. 96/2025. It is further argued that MCC No. 669/2025 was dismissed for want of prosecution and in the present application, the applicants have not assigned sufficient reasons. 7. I have heard learned counsel for the parties. 8. Having considered the fact that the manner in which the applicants are pursuing these applications, further they either failed to rectify the defects or they failed to appear in applications for restorations, therefore, it can safely be held that the applicants were not diligent. In application (MCC No. 960/2025), it is nowhere stated that MCC No. 96/2025 was dismissed on account of peremptory order and this fact has been suppressed deliberately. It is also not disclosed that it is third application for restoration of S.A. No. 686/2018. Thus, the applicants have not approached this Court with clean hands. 9. Accordingly, the application (MCC No. 960/2025) is rejected subject to cost of Rs.10,000/- payable to High Court Legal Aid Committee. Sd/- (Rakesh Mohan Pandey) Judge vatti