SREE SARASWATI TRUST Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Shri Vivek Holla, learned HCGP appears for respondent Nos.1 to 5. Service on respondent No.6 is dispensed with at the request of learned counsel for the appellant, subject to all just exceptions.

(2.) This intra-Court appeal against the order dated 18.01.2017, as passed by the learned Single Judge of this Court in Writ Petition No.10836/2015, is reportedly time barred by a period of 123 days. An application seeking condonation of delay has been filed, essentially, stating that the appellant had filed a representation pursuant to the order passed by the learned Single Judge and he had been awaiting the decision on the representation, but competent authority having not been formed for decision of the representation; and the matter having remained pending, the appellant has approached this Court.

(3.) Learned HCGP appearing for the respondent Nos.1 to 5, in all fairness, has not opposed the prayer for condonation of delay. In the totality of circumstances of the case and the submissions made, it appears just and proper to condone the delay so as to consider the matter on merits. Accordingly, I.A.No.2/2017 is allowed. The appeal is taken on the regular side.