SANJAY MISRA, J. - (1.) THESE are two special appeals involving the same controversy and hence are connected and are being disposed of by a common judgement.
(2.) WE have heard Sri Ashok Khare learned senior counsel on behalf of the appellant, Sri Swapnil Kumar appearing on behalf of respondent no. 4 and learned standing counsel who has put in appearance on behalf of respondent no. 1 to 3. The special appeal no. 773 (defective) of 2008 has been preferred against the judgement dated 16.11.2007 passed by learned Single Judge in writ petition no. 8064 of 2005 Smt. Babita Singh vs. State of U.P. and others whereas the special appeal no. 1386 of 2008 has been preferred against the order dated 25.08.2008 whereby the recall/review application made by the appellant in the aforesaid writ petition has been rejected.
(3.) THE special appeal no. 773 (defective) of 2008 has been reported to be beyond time. Learned counsel for the appellant has submitted that after passing of the order dated 16.11.2007, she had filed a recall/review application on 05.12.2007 since she was not arrayed as a party in the writ petition and upon coming to know about the order dated 16.11.2007, the application had been filed within thirty days. It is stated that the said application was ultimately decided by the writ court on 25.08.2008 whereafter, the order dated 25.08.2008 as well as the order dated 16.11.2007 have been challenged. As such, the explanation given by learned counsel for the appellant for delay in filing the special appeal no. 773 (defective) of 2008 appears to be sufficient and there is no serious objection to condonation of delay by learned counsels who have put in appearance on behalf of the respondents. In view of the aforesaid circumstances, the delay in filing the appeal is condoned. Office is directed to give a regular number to the appeal.;