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Office Notes, reports,

orders or proceedings or

SL.

Date directions and COURT’S OR JUDGES’S ORDERS

No

Registrar’s order with

Signatures

WPMS No.869 of 2008

Hon’ble Pankaj Purohit, J.

Mr. Karmanya Pandey and Mr.

Pradeep Lohani, learned counsel for

petitioners/applicants.

2. Mr. K.S. Mehta, learned Additional

C.S.C. with Mr. Sudhir Kumar Nailwal,

learned Standing Counsel for the State of

Uttarakhand/respondent Nos.1 and 3.

3. Mr. Ashish Joshi, learned counsel for

respondent No.2, appeared through V.C.

4. Learned counsel for petitioners/

applicants has moved restoration

application (MCC/3038/2025), whereby,

petitioners/applicants want to recall the

order dated 05.09.2017, whereby, the

writ petition was dismissed for non-

prosecution.

5. There is a delay of 2068 days in

filing the instant restoration application,

therefore, delay condonation application

(IA/3039/2025) has also been filed for

condoning the delay.

6. The objections were called from the

respondents on the delay condonation

application as well as on the restoration

application. Respondents have filed their

objections, which are taken on record.

Misc. Applications (IA Nos.3042, 3043,

3044, all of 2025) made therefor, are

allowed.

7. Learned counsel for petitioners/

applicants on the delay condonation

application submits that the writ petition

was filed in the year 2008 and the

learned counsel, who was engaged

earlier by writ petitioners, got elevated to

the Bench, and thereafter, no one

appeared for petitioners in writ petition.

Consequently, the writ petition was

dismissed for non-prosecution on

05.09.2017.

8. It is contended by learned counsel

for petitioners/applicants that even from

the date of dismissal of writ petition,

respondent-State has not taken any

action against the petitioners-applicants

for their eviction from land in-question

and the notice for intimating that the

State is proceeding against petitioners/

applicants came only in the year 2025,

By which, it came to notice of the

applicants that writ petition was

dismissed for non-prosecution ,which is

according to learned counsel for

petitioners/ applicants, is sole reason for

filing the delayed restoration application.

9. Delay condonation application has

been vehemently opposed by all the

respondents by filing their objections

stating therein that no sufficient reason

has been given by the learned counsel

for petitioners/applicants in the delay

condonation application.

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10. Having heard learned counsel for the

parties and having gone through the

affidavit filed in support of delay

condonation application, this Court is of

the view that there is sufficient reason to

condone the delay of 2068 days in filing

the restoration application.

11. Accordingly, delay condonation

application (IA/3039/2025) is allowed.

Delay of 2068 days in filing restoration

application is hereby condoned, subject

to payment of cost of Rs.25,000/- to

respondent-State, within 07 days.

12. Put up on 03.01.2026.

13. Restoration application shall be

considered once cost of Rs.25,000/- be

paid to respondent-State.

(Pankaj Purohit, J.)

23.12.2025

PN

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