Rajkishore Naik v. State
Case brief
What is this about?
The Court allowed withdrawal of the writ petition with liberty to file an appeal, condoned delay, and extended an existing interim order for four weeks.
What did the court decide?
Withdrawal of Writ Petition permitted; liberty to file appeal with condonation of delay; interim order extended for four weeks.
What the court decided
W.P.(C) No.7875 of 2006
- 13.12.2019
Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State-opposite parties.
Since the petitioners have a statutory remedy of appeal as against the impugned order and further considering the request of the learned counsel for the petitioners, this Court permits the petitioners to withdraw this Writ Petition with liberty to file an appeal along with an application for condonation of delay and also with an application for interim protection before the appellate authority within a period of two weeks hence.
In the event, the petitioners file appeal along with an application for condonation of delay indicating therein that they were pursuing Writ Petition before this Court since long and also with an application for interim protection within the aforesaid period, the delay shall be condoned and the appeal shall be heard on its own merit and the interim application, to be filed by the petitioner within the time stipulated hereinabove, shall be decided within a period of two weeks thereafter.
As the petitioner is in enjoyment of the interim order granted by this Court on 7.06.2006 in Misc. Case No.6875 of 2006, the said order is directed to be continued for a period of four weeks.
The writ petition stands disposed of with the above direction.
Issue urgent certified copy as per rules.
Coram
Biswanath Rath
Case details
As recorded by the court registry
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