(1.) The appellant had filed a Writ Petition No. 8609 of 1991, which was dismissed on 26th April, 2016 in terms of the judgement dated 04.05.2007 dismissing the Writ Petition No.8609 of 1991 of petitioners no. 2, 4 and 5.
(2.) The said petitioners filed Special Appeal No. 905 of 2007, which was allowed by an order dated 01.12017 and the order of learned Single Judge dated 04.05.2007 was set aside and the matter was remitted to the learned Single Judge to decide the writ petition on merits. The petitioner no. 3, whose? writ petition was dismissed in terms of the judgement dated 04.05.2007, has filed the present special appeal alongwith application under Section 5 of the Indian Limitation Act.
(3.) Considering the fact that the other petitioners' appeal had been allowed and the writ petition filed by them is required to be decided on merits, the appellant in the present case should also be given the same treatment.