SELECTION GRADE SECRETARY Vs. RAMA SAI BABA

JUDGEMENT

(1.) Wamp Nos. 836 and 839 of 2013 are filed seeking condonation of delay and WAMP No. 838 of 20l3 is filed seeking to dispense with filing of the copy of the order. Heard both sides. The learned counsel on either side agreed to make submissions on the merits of the appeals and these applications were not seriously opposed.

(2.) In the affidavit filed in support of WAMP No. 836 of 2013, the appellant stated that originally the Rev. WPMP No. 42318 of 2009 was filed by the earlier standing counsel, and though in the cause list the name of the present standing counsel is printed but in the copy of the order the name of the earlier standing counsel is reflected and when the appellant approached the standing counsel to know about the status of the case, they were informed that the Rev. WPMP No. 42318 of 2009 is dismissed and order copy is awaited. They were also informed by their standing counsel that a copy application has to be made for obtaining certified copy of the order and accordingly, they made copy application and obtained certified copy and in the process, delay of 175 days has occurred and the delay is neither intentional nor wanton.

(3.) Wa(Sr)No. 41268 of 2013 is preferred by the Agricultural Market Committee against the dismissal of the review petition, being Rev. WPMP No. 42318 of 2009, dated 31.082012 and WA(SR) No. 41425 of 2013 is preferred by the market committee against the order of the learned single Judge in WP No. 27688 of 1998 dated 24.04.2007. A learned single Judge dismissed the review petition, being Rev. WPMP No. 42318 of 2009, on the ground that contention of the market committee that the possession of the entire land was taken on 31.05.1994 was neither argued nor decided by this Court in WP No. 12243 of 1994.