The instant appeals take exception to the judgment and order passed by the Division Bench of High Court of Uttarakhand in (i) Writ Petition(M/B) No 156/1987 dated 8 March, 2019; and 2 (ii) Review Application No 81 of 2020 dated 14 August, 2020.
Be that as it may, the application preferred by the appellant in the year 1999 was treated to be an application for restoration of the writ petition and the Division Bench of the Uttrakhand High Court rejected the same vide order dated 20 November, 2001, for want of prosecution. However, upon finally receiving an information from the Registry of the High Court of Uttarakhand under RTI Act, vide communication dated 4 November, 2019 that the writ petition of the appellant had been dismissed on default on 26 February, 1992, the appellant preferred recalling and restoration application with an application seeking condonation of delay in filing above recalling application, which was dismissed by the High Court of Uttarakhand vide order 4 dated 8 March, 2019.
Also Read: https://newslaw.in/case-type/criminal/quashing-of-conviction-under-section-31xi-of-sc-st-act/
Learned senior counsel drew Court’s attention to para 5 of the counter affidavit filed on behalf of the State of Uttar Pradesh/Uttarakhand wherein the factum of filing of the application dated 23 March, 1992 seeking restoration of Writ Petition(M/B) No 156/1987 to its original number is admitted.
Having considered the entirety of facts prevailing on record, we are of the view that the High Court of Uttarakhand was not correct in holding that the application for restoration of the writ petition which was dismissed for non-prosecution vide order dated 26 February, 1992 was submitted with a delay of seven years.
Also Read: https://newslaw.in/case-type/criminal/freedom-of-speech-and-defamation/
The matter is remitted to the High Court of Uttarakhand which shall restore the writ petition of the appellant and proceed to decide the same on merits expeditiously after giving an opportunity of hearing to all concerned.
Case Title: J.N. PURI Vs. THE STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND) (2024 INSC 64)
Case Number: C.A. No.-001309-001310 / 2024
