RAJIV KUKREJA Vs. STATE INFORMATION COMMISSION AND OTHERS

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of eight days in filing the appeal. Notice of the application was given to respondent No. 2. Reply has been filed. After hearing learned counsel for the appellant and respondent No. 2 in person, the delay of eight days in filing the appeal is condoned. Civil Miscellaneous application stands disposed of.

(2.) Prayer in this Letters Patent Appeal is for quashing the order dated 31.10.2012 passed by learned Single Judge in CWP No. 7382 of 2011, dismissing the writ petition for non-prosecution and also the order dated 30.11.2012 passed in CM No. 16715 of 2012 rejecting the application for recalling the order dated 31.10.2012.

(3.) Briefly, the facts as narrated in the appeal may be noticed. The writ petition filed by the appellant was fixed for final arguments on 31.10.2012 before the learned Single Judge. On that day, an adjournment slip was filed on the ground that the arguing counsel being out station counsel could not appear as he used to come only on every Thursday. According to the appellant, on that day, another counsel was present and he also made request for adjournment on behalf of the arguing counsel. The learned Single Judge did not accept the request and dismissed the writ petition for non-prosecution vide order dated 31.10.2012. Thereafter, the appellant moved an application being CM No. 16715 of 2012 for restoration of the writ petition. The said application was also dismissed vide order dated 30.11.2012 as written request for adjournment had been made on behalf of the arguing counsel. Hence, the present Letters Patent Appeal.