Tej Bahadur (Migrant) vs State Of Jk And Others
2021 Latest Caselaw 1445 j&K/2

                                                         S.No.266
                                                      Supplimentary 1



      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR

                  CM No.7488/2021 n OWP No. 23/2012

Tej Bahadur (Migrant).

                                                      ...Petitioner(s)
                          Through: Mr. Mohammad Ashraf Bhat, advocate.
                               V/s

State of JK and Others.
                                                      ...Respondent(s)
                          Through: Mr. M. Y. Parray, advocate.

Coram:      HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.

                               ORDER

15.11.2021

CM No. 7488/2021:

This is an application seeking condonation of delay of 141 days in

filing an application for restoration of OWP No. 23/2012, dismissed for

non-prosecution on 21 May 2021.

Learned counsel appearing for the petitioner submits that this

petition was dismissed at a time when stringent Covid-19 restrictions were

in force and it was not possible to cause appearance in the Court. He also

relies upon the Judgment of the Supreme Court, whereby it is provided that

the time, from the date on which impugned order is passed till 2 nd October

2021, is to be excluded while computing limitation for filing any suit, appeal

or application.

Having heard learned counsel for the parties and perused the

material on record, I am of the view that the delay in filing restoration

petition deserves to be condoned. In view of the directions issued by the

Supreme Court.

This application for the aforesaid reasons is allowed and the delay in

filing the restoration petition is condoned.

CM disposed of.

CM No. 7489/2021:

On the parity of reasoning this application too is allowed and OWP

No. 23/2012, is restored to its original number.

CM disposed of.

Registry shall list OWP No. 23/2012 on 10th February 2022.

(SANJEEV KUMAR) JUDGE SRINAGAR 15.11.2021 Shaista