Atra Muni Tripathi vs. The State Of Madhya Pradesh

Held

The Court considered the reasons assigned in the application for restoration. It found the reasons to be acceptable and accordingly allowed the application. The order dated March 11, 2022, which led to the dismissal of the writ petition, was recalled. Consequently, Writ Petition No. 378 of 2022 was restored to its original file. This restoration was made subject to the condition that the applicant pays a cost of Rs. 3000/- to the Registry within a period of 15 days. The Court disposed of the restoration application accordingly.

Facts

The applicant, Atra Muni Tripathi, proprietor of M/s Om Shakti Enterprises, filed a Miscellaneous Civil Case (MCC) seeking the restoration of Writ Petition No. 378 of 2022. The original writ petition had been dismissed for non-compliance with a common conditional (peremptory) order dated March 11, 2022. The respondents include various authorities from the State of Madhya Pradesh, including the Executive Engineer PWD Division Raisen, Engineer in Chief M.P. Public Works Department, State Tax Officer Bhopal Mandideep Circle, Commissioner CGST Jabalpur, and Commissioner SGST Indore. The MCC was filed to revive the dismissed writ petition.

Key Issues

1. Whether the application for restoration of the dismissed writ petition should be allowed, considering the reasons provided by the applicant. Contentions: Petitioner/Applicant: The applicant sought restoration of the writ petition, presumably arguing that there were sufficient grounds to justify the non-compliance with the previous order and that the writ petition should be heard on its merits. The application for restoration was filed to address the dismissal for non-compliance. Revenue/State: The respondents, through the Government Advocate, took notice of the application. No specific arguments were recorded from the revenue's side regarding the grounds for restoration or the merits of the original writ petition.