Citation : 2023 Latest Caselaw 640 UK
Judgement Date : 15 March, 2023
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
I.A. No.10005 of 2022 (Delay Condonation Appl.)
MCC No. 10004 of 2022 (Review Appl.)
In
WPSS No.1483 of 2016
Hon'ble Manoj Kumar Tiwari, J.
Mr. Pankaj Semwal, Advocate, holding brief of Mr. Parikshit Saini, Advocate for the petitioner.
Mr. S.K. Mishra, Standing Counsel for the State of Uttarakhand/review applicant.
There is delay of 915 days in filing the review application.
Reasons furnished in the affidavit filed in support of delay condonation application are sufficient to condone the delay. Consequently, the delay condonation application is allowed and the delay in filing the review application is condoned.
It is contended on behalf of review applicant that writ petition was decided in terms of judgment dated 11.12.2018 rendered in WPSB No. 392 of 2017; while, the facts of the present case are entirely different, therefore, it could not have been decided in terms of the said judgment.
Upon perusal of the record, this Court finds substance in the contention raised by review applicant.
In such view of the matter, the review application is allowed. Consequently, the order dated 11.06.2019 passed by this Court is hereby recalled and the writ petition is restored to its original number.
List for final hearing on 17.05.2023.
(Manoj Kumar Tiwari, J.) 15.03.2023 Arpan
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