Initially, aggrieved by the judgment dated 31.07.2012 in W.P.(C)No.8513/2007, the review petitioners filed W.A.No.2113/2012 before a learned Division Bench of this Court. The principle reason urged in the writ appeal was that the writ petition was disposed of by the learned single Judge without having the defence of the review petitioners on record. Under those circumstances, the learned Division Bench disposed of the writ appeal with the following observation: “Although we heard the learned counsel for the parties, reading of the judgment shows that the appellants had not filed any counter affidavit in the writ petition and therefore, the learned single Judge had proceeded to dispose of the writ petition on the admitted facts. In such circumstances, if for any reason, the appellants have a case that the judgment is vitiated, the course open to them is to file a review petition before the Single Bench rather than prosecuting this appeal.”
2. Having observed thus, the learned Division Bench closed the writ appeal without prejudice to the right of the review petitioners to file an appropriate application for review of the judgment.
3. Under those circumstances, the present review petition came to be filed by the respondents in W.P.(C)No. 8513/2007. Incidentally in the writ appeal, the review petitioners seem to have filed an exhibit, which is the counter affidavit intended to be filed in the writ petition. Thus, one way or another, the review petitioners kept on record their defence concerning the claim of the respondent/writ petitioner. Given the inevitable, though not necessarily, condonable, administrative delays in the dealings of Government agencies or public sector undertakings, it is desirable to have the matter decided on merits after taking on record the defence of the respondent agencies; lest for the laxity of the authorities, the public interest should suffer. Accordingly, instead of going by mere technicalities, this Court has decided to allow the review petition, so that the issue could be adjudicated on merits.
In the facts and circumstances, the review petition is allowed.
Dama Seshadri Naidu, Judge tkv