Full Judgment Text
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CASE NO.:
Appeal (civil) 1283 of 2008
PETITIONER:
JAM SINGH
RESPONDENT:
STATE OF M.P. AND ORS
DATE OF JUDGMENT: 11/02/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.1283 0F 2008
[ Arising out of SLP [C] No.15829 of 2006 ]
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 15th
February, 2005 in Writ Petition [C] No.4723 of 2003 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 appellant submitted that permission may be
granted to the appellant to withdraw the present petition and to pursue
his remedy by way of Letters Patent Appeal.
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 appellant to file a 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.