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2026 DAILYLAW 34065 (CHH)

SANTOSH KUMAR YADAV v. STATE OF CHHATTISGARH

MCC/802/2026 · 2026-08-31

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010311902026 2026:CGHC:38708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 802 of 2026 1 - Santosh Kumar Yadav S/o Late Prabhulal Yadav Aged About 54 Years Sarwarakar Of Hanuman Mandir, Bhatagaon Raipur, R/o Purani Basti, Gopiyapara, Danteshwari Chowk, Raipur (C.G.) 2 - Madhusudan Mishra S/o Pandit Rambharosa Mishra Aged About 56 Years R/o Prayag Kunj, Bajrang Chowk, Santoshi Nagar, Tikrapara, Raipur, (C.G.). President Akhil Bharat Hindu Mahasabha (C.G.) 3 - Vasudev Singh Thakur (Died And Deleted) As Per Order Dated 19-06-2025 Nil Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Religious Endowment And Public Trust Department, D.K.S. Bhawan, Raipur, (C.G.) 2 - Secretary Home Department, D.K.S. Bhawan, Raipur, (C.G.) 3 - Collector/manager Public Trust, Raipur, District- Raipur, (C.G.) 4 - Registrar Public Trust Raipur, (C.G.) 5 - Superintendent Of Police Raipur, District-Raipur, (C.G.) 6 - Officer-In-Charge Police Station Purani Basti, Raipur, District- Raipur, (C.G.) 7 - Nagesh Builders Through Its Director, Surendra Surana, S/o Shri Devraj Surana, Aged About 50 Years, R/o Nagesh Kripa, Civil Lines, Raipur, (C.G.) 8 - Bharat Bhushan S/o Nakchhed Ram Yadav, R/o Gopiyapara, P.S. Purani Basti, Raipur, Tahsil And District- Raipur, (C.G.) Respondent(s) RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.09.02 10:29:21 +0530 2 For Petitioner(s) : Mrs. Meena Shastri, Advocate For Resp No. 1 to 6/State : Mr. Shahil Singh, PL For Resp. No. 7 : Mr. Arvind Shrivastava, Senior Advocate along with Mr. Anumeh Shrivastava, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 01/09/2026 1. Learned counsel for the applicants submits that during the pendency of the case WPC No. 107/2012 petitioner No.3 expired and, thereafter, necessary amendment was carried out and his name was deleted from the array of parties. It is further submitted that the other petitioners had been regularly appearing through counsel on each and every date of hearing; however, on 28/07/2026, the matter could not be traced in the cause list and, due to inadvertence, no representation was made on behalf of the petitioners, resulting in dismissal of the said writ petition for want of prosecution. The non-appearance is stated to be bona fide and inadvertent. Learned counsel, therefore, prays that the order of dismissal be recalled and WPC No. 107/2012 be restored to its original number. 2. I have heard learned counsel for the applicants and perused the material available on record. 3. Considering the facts and circumstances of the case and the explanation furnished by the applicants, this Court is satisfied that sufficient cause has been shown for restoration of WPC No. 107/2012. The non-appearance of the applicants appears to be bona fide and inadvertent. However, in the interest of justice, the restoration is made subject to payment of costs. 3 4. Accordingly, this MCC is allowed. The order dated 28/07/2026, whereby WPC No. 107/2012. was dismissed for want of prosecution, is recalled. WPC No. 107/2012. is restored to its original number, subject to payment of costs of Rs.5,000/- (Rupees Five Thousand only) payable to the Chhattisgarh High Court Bar Association Library Fund. 5. With the aforesaid direction, the MCC stands disposed of. Sd/- (Bibhu Datta Guru) JUDGE Rahul