ARYA SHIKSHA PRASAR SAMITI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Application for Leave To Appeal No. 9500 of 2019 In and AND Special Appeal No. 685 of 2019

(2.) While the applicant has also filed Delay Condonation Application No. 9499 of 2019 to condone the delay of 10 days in preferring the Special Appeal, the question of delay would only arise if a party to the writ proceedings had failed to prefer an appeal, against the order passed in the writ petition, within the stipulated time. As noted hereinabove the applicant, who seeks leave to appeal, was not a party to the writ petition. Since the question of delay is wholly immaterial, Delay Condonation Application No. 9499 of 2019 is closed.

(3.) Heard Mr. Jitendra Chaudhary, learned counsel for the appellant-applicant, Mr. Xitij Kaushik, learned counsel for the respondents-writ petitioners and Mr. Anil Kumar Bisht, learned Standing Counsel for the State of Uttarakhand and, with their consent, the Special Appeal is disposed of at the stage of admission.