Hon'ble Manish Mathur,J.
(C.M.Application No.131999 of 2010)
1. The application seeks condonation of delay in filing the Special Appeal.
2. Learned counsel for the appellant has not appeared. The appeal relates to the year 2010. Nine years have gone by. We find no justifiable reason to adjourn the case to await appearance of the counsel.
3. For reasons given in the affidavit in support of the application for condonation of delay, the delay in filing the appeal is hereby condoned.
4. The application is allowed.
Order Date :- 29.8.2019 kvg/-
Court No. - 2 Case :- SPECIAL APPEAL No. - 895 of 2010 Appellant :- Km. Anita Devi 5900 (S/S)2010 Respondent :- Village Education Committ Vill. Hardoi Throug Its Chairaman Counsel for Appellant :- O.P.Srivastava Counsel for Respondent :- C.S.C.,Jyotinjay Verma,Nirmal Singh Yadav Hon'ble Ajai Lamba,J.
Hon'ble Manish Mathur,J.
1. Km. Anita Devi has preferred this appeal challenging order dated 20.08.2010 rendered in Writ Petition No.5900(S/S) of 2010 titled 'Village Education Committee, Village Panchayat Jyora, Hardoi v. State of U.P. and others'. Apparently the appellant was writ-respondent no.4, and being aggrieved by order dated 20.08.2010 preferred this appeal.
2. Learned counsel for the appellant/writ-respondent no.4 has not appeared to prosecute the case. The appeal relates to the year 2010. Nine years have gone by. We find no justifiable reason to adjourn the case to await appearance of the counsel. In the circumstances with the assistance of learned counsel for respondent no.4 Mr.Jyotinjay Verma, we have gone through the pleadings and contents of the impugned order.
3. We have taken into account the fact that the order dated 20.08.2010 was issued at interim stage of proceedings in the Writ Petition. The writ petition is still pending. We further find that under the interim direction issued by Special Appeal Bench dated 23.12.2010, the appellant is still serving.
4. In peculiar facts and circumstances of the case we dispose of the appeal with liberty to the appellant-writ respondent no.4 to file an application before the writ court for vacation of the order, or for early hearing of the writ petition. Order Date :- 29.8.2019 kvg/-