IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CLMA No. 2626 of 2008 In Special Appeal No. 65 of 2008. Bhanwar Singh Pundeer S/o Late Sri Tikka Singh Presently posted as Lab Asst. Ground Water Department, Roorkee, District Hardwar .……… Appellant Versus State of U.P. through its Secretary, Department of Irrigation, U.P., Lucknow and others ……… Respondents Mr. Munish Bhardwaj, Advocate for the appellant. Mrs. Been Pandey, Standing Counsel (U.P. Govt.) for the respondents. JUDGMENT Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) For the reasons stated and after hearing the learned counsel for the parties, the delay condonation application No. 2626 of 2008 is allowed. The delay in filing the Special Appeal is condoned. The appeal shall be treated to be filed in time. Heard on admission. Perused the impugned judgment dated 20th March, 2008. We feel in the facts and circumstances of the case that the Restoration Application No. 258 of 2008 filed by the appellant for recalling of the order dated 18th February, 2008 whereby the writ petition No. 6095 of 2001 (S/S) was dismissed for non- prosecution should be allowed. The appeal is accordingly allowed. The impugned judgment dated 20th March, 2008 passed by the learned Single Judge of this Court in Restoration Application No. 258 of 2008 is hereby set aside. Consequently, the order dated 18th February, 2008 dismissing the writ petition No. 6095 of 2001 is recalled and the writ petition is restored to its original position. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) 13.05.2008 13.05.2008 LSR/Shiv