DUSHYANT KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The application, seeking condonation of 57 days' delay in preferring this Special Appeal, is not opposed by Sri A.K. Sharma, learned counsel for the respondent-writ petitioner. The application, seeking condonation of delay in preferring this Special Appeal, is therefore ordered, and the delay is condoned. The application seeking leave to appeal is also allowed.

(2.) Sri A.K. Sharma, learned counsel for the respondent-writ petitioner, would submit, not without justification, that the appellant cannot avail two remedies simultaneously; and, since the appellant herein has already filed an application seeking review of the order under appeal, he is not entitled to simultaneously avail the remedy of filing an appeal against the very same order.

(3.) When we asked Sri Parikshit Saini, learned counsel for the appellant, regarding the justification for the appellant to avail two parallel remedies simultaneously, learned counsel would submit that the appellant would withdraw the application seeking review of the order under appeal, and this Court may consider examining the order under appeal on its merits. Recording the above submission of Sri Parikshit Saini, learned counsel for the appellant, we shall examine the appeal on its merits.