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MCC No.358/09
Narendra Singh Parihar & others Ram Singh Janghel & others
4.8.2010
Shri Amit Seth, Counsel for appellants.
Shri Sudesh Verma, Govt. Advocate, for respondents No.2 & 3.
This application is filed for restoration of L.P.A.229/04 which was
dismissed by order dated 30.8.2005 in light of the judgment of the Apex
Court in Jamshed N.Guzdar Vs. State of Maharashtra JT 2005(1) SC
370. Liberty was granted to the appellants to seek restoration of the
LPA, if some provision is made in this regard. It is submitted by the
petitioner that the State Government has enacted M.P. Uchcha
Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 by which a
provision of filing writ appeal has been made and the Act has been
given retrospective effect. It is submitted by Shri Seth that 3 LPAs were
filed against the order dated 31.10.2003 in W.P.No.22042/03 and out of
them two Letter Patent Appeals have been restored as Writ Appeal
No.107/09 and Writ Appeal No.467/07 and this L.P.A.No.229/04 may
also be restored.
Considering peculiar facts of the case and looking to the order
dated 30.8.2005 passed in L.P.A.No.229/04, we find it appropriate to
restore L.P.A.No.229/04 and direct the office to restore
L.P.A.No.229/04, register it as Writ Appeal and to place it before an
appropriate Bench alongwith W.A.No.No.107/09 and W.A.No.467/07 for
consideration.
This MCC is finally disposed of. Considering facts of the case,
there shall be no order as to costs of this application.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
C. Judge Judge
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MCC No.358/09
Narendra Singh Parihar & others Ram Singh Janghel & others
4.8.2010