(1.) THIS appeal is barred by 4 years 91 days. Appellants have filed an application LA. No. 5911/9 seeking condonation of delay in filing the appeal. It is stated in the application that the appellants have challenged the validity, legality and propriety of the orders passed by the learned Single Judge in W.P. No. 2999/3 dated 28.8.2003, in Contempt Petiton No. 237/4 dated 14.5.2004, in Contempt Petition No. 161/5 dated 10.3.2006 and in MCC No. 1450/6 dated 4.5.2007. It is further stated in the application that the appellants before filing this . writ appeal moved an application seeking review of the order dated 28.8.2003 (supra) by filing MCC No. 1450/6. Aforesaid review petition was dismissed on 4.5.2007. Thereafter, certified copy was applied and delivered on 28.7.2007. The Government Advocate gave his opinion on 20.9.2007 and the case was referred to the State Government, Forest Department, Bhopal through the Chief Conservator of Forest (Human Rights Development), Bhopal vide letter dated 28.9.2007 and thereafter, matter was referred to the Law and Legislative Affairs Department, Bhopal. The Law Department granted permission on 15.11.2007 to file a writ appeal before this Court. On 6.11 .2007, the department appointed an Officer-Incharge of the case who collected entire record and information and contacted to the office of the Advocate General, Jabalpur for preparation of the writ appeal. The Government Advocate prepared the writ appeal and filed it before the High Court.
(2.) THIS writ appeal was filed on 17.3.2009 nearabout after 16 months from the date on which the Officer-Incharge was appointed. On the aforesaid ground, referring the judgment of the apex Court in State of Nagaland v. Lipok AO AIR 2005 SC 2192, the delay in filing Writ Appeal No. 68/8 has been sought to be condoned.
(3.) LEARNED counsel for the parties were heard on the application. From the perusal of the record, it appears that respondent No. 1 Sumerilal Rajput and respondent No. 2 Shaligram Rajput filed a writ petition before this Court for their regulation and seniority vis-a-vis to the juniors who were earlier regularised by the appllants. This writ petition was registered as W.P. No. 2999/3 and was disposed of finally on 28.8.2003 with following directions :-