SAINIK PUNARVAS SANSTHA Vs. RAM SAMUJ

JUDGEMENT

(1.) HEARD . The application for condonation of delay is allowed.

(2.) THIS special appeal is filed against the interim order passed in writ petition no. 1487/(5/5)/2004. The impugned order was passed without serving the notice on the second respondent and without hearing him.

(3.) IT appears that the notice was taken by the learned Chief Standing Counsel, State of Uttaranchal, who was not competent to accept the notice on behalf of the second respondent. Hence, the second respondent has filed this appeal. It is open to the second respondent/appellant to approach the learned Single Judge for vacating the impugned order. Since he has not resorted to that remedy, we are not inclined to entertain the appeal at this stage and to consider merits of the case.