KHARAK SINGH Vs. BOARD OF REVENUE
LAWS(UTN)-2012-11-25
HIGH COURT OF UTTARAKHAND
Decided on November 23,2012

KHARAK SINGH Appellant
VERSUS
Board of Revenue And Ors. Respondents

JUDGEMENT

B.S. Verma, J. - (1.) THIS is delay condonation application No. 3469 of 2009, moved on behalf of respondent Nos. 5, 6 and 7, for condoning the delay in filing the review application No. 304 of 2009. Delay condonation application is allowed.
(2.) DELAY is condoned. Review application is treated to be filed within time. This is review application No. 304 of 2009, moved by the respondent Nos. 5, 6 and 7, to review the order dated 28.8.2008 passed by Hon'ble Justice P.C. Verma, by which the impugned order under challenge was set aside and the case was remanded back to the Additional Revenue Commissioner, with a direction to frame the question(s) of law and decide the second appeal afresh expeditiously preferably within four months.
(3.) SRI Siddhartha Singh, learned counsel appearing for the review applicant/respondent Nos. 5, 6 and 7 has contended that the learned Single Judge, while allowing the writ petition, has remanded the case with a direction to frame substantial question(s) of law, but while doing so, the judgment delivered by the Division Bench of this Court in Writ Petition No. 285 of 2001 (M/S) and Writ Petition No. 60 of 2000 (M/S) on 19.5.2006 was not considered and thus the order under review is per incuriam.;


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