An order admitting a defective special appeal against a State of U.P. order and condoning delay on account of a Supreme Court decision. Final disposal listed.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Defective Special Appeal No. 125 of 2007
State of U.P. & another.
..……… Appellants
Versus
Basant Ballabh Pant (Deceased). ..………. Respondent
Ms. Beena Pandey, Standing Counsel for the applicants. Mr. Mohit Maulekhi, Advocate holding brief of Mr. D.S. Patni, Advocate for the respondent.
Hon’ble J.S. Khehar, C.J. Hon’ble Tarun Agarwala, J.
Delay Condonation Application:
Learned counsel for the respondent states that he may be permitted to file his objections to the Delay Condonation Application.
Prayer is allowed. Objections to the Delay Condonation Application, handed over to us in Court today, are taken on record subject to all just exceptions. Copy thereof has been handed over to the learned counsel for the applicants.
During the course of hearing, learned counsel for the respondent could not dispute the assertion made at the hands of the learned counsel for the applicants that the issue, whether the post of Cooperative Supervisor was a Government post or not, was in afflux and that the matter was eventually adjudicated upon by the Supreme Court by an order dated 28.11.2006. Since the aforesaid determination, rendered by the Supreme Court, would have materially affected the decision of the appellants to file or not to file the instant appeal, we are satisfied that the filing of the instant appeal, after the determination of the Supreme Court vide its order dated 28.11.2006, was fully justified. As such, the delay, in preferring the present appeal, is liable to be condoned and is accordingly condoned.
Defective Special Appeal No. 125 of 2007:
Admit.
List for final disposal on 18.12.2009.
G
State of U.P.
Basant Ballabh Pant (Deceased)
J.S. Khehar
Tarun Agarwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
