(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) Rule.
Learned AGP waives service for the respondents.
The applicants have sought condonation of delay of 434 days in preferring the appeal. It was pointed out from the record that the original order of learned Single Judge in Special Civil Application No.9683 of 2010 was made on 22.9.2010 and the applicants have carried that order in appeal, being Letters Patent Appeal No.3065 of 2010. While disposing of that appeal, the Division Bench observed in its order dated 13.6.2011 that the appeal was sought to be withdrawn to enable the applicants herein to file a review petition raising all the points that were raised in the appeal and respondent Nos.5 and 6 in the appeal had expressly stated no objection to the additional points being raised in the review application proposed to be filed by the applicants. Thereafter, the applicants did file the review application in the form of Misc. Civil Application No.2034 of 2011 and it was rejected on 2.9.2011. Thereafter, the present appeal and the application were filed within four months.
With that background of facts, it was submitted by learned counsel Mr.Mishra that the applicants were neither negligent nor indolent and had been properly pursuing the proceedings in their quest for justice. Learned AGP appearing for the respondents could not controvert the aforesaid facts and has not seriously opposed the application. Under the circumstances, the application is allowed. Accordingly, rule is made absolute with no order as to costs.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top