Full Judgment Text
1
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
J U D G M E N T
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
nd
and order dated 2 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]
New Delhi; ……………………….J.
July 28, 2009. [R.M.Lodha]