Public
Health & Eng. Deptt. & ANR. Vs. Rajendra Singh [2009] INSC 1301 (28
July 2009)
Judgment
NON
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL
APPEAL NO. 4775 OF 2009 (Arising out of SLP)No.13700 of 2008) Public Health
& Engineering Department & Anr. ....Appellants VERSUS Rajendra Singh
...Respondent
TARUN
CHATTERJEE, J.
1.
Delay condoned.
2.
Leave granted.
3.
This special leave petition, in which leave has already been
granted, has been filed against the final judgment and order dated 2nd of
March, 2005 in Writ Petition ) No.683 of 2002 by the High Court of Madhya
Pradesh Bench at Indore.
4.
In view of the recent enactment of the Madhya Pradesh Uchcha
Nayayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, the learned counsel for
the appellants 2 submitted that permission may be granted to the appellants to
withdraw the present petition and to pursue his remedy by way of Letters Patent
Appeal (LPA).
5.
In view of the recent enactment of the Madhya Pradesh Uchcha Nayayalaya
(Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, which confers power on the High
Court to entertain the LPA against an order of the learned Single Judge, we set
aside the impugned order and grant liberty to the appellants to file an LPA
before the Division Bench of the High Court with an application for condonation
which shall be allowed by the Division Bench of the High Court. The High Court
shall thereafter decide the LPA after hearing the parties in accordance with
law.
6.
The appeal is disposed of accordingly.
............................J. [Tarun Chatterjee]
............................J.
New Delhi;
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