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2025 DAILYLAW 10780 (UTT)

STATE OF UTTARAKHAND THROUGH THE PRINCIPAL SECRETARY v. VIMAL CHANDRA MANDAL

SPA/828/2019 · 2025-04-30

Ashish Naithani, Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:3302-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA No. 828 of 2019 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. D.S. Bora, Standing Counsel for State of Uttarakhand/ appellants. 2. Mr. Hem Chandra Joshi, Advocate for the respondent. 3. Learned counsel for the parties submit that identical issue has been decided by coordinate Bench in number of cases, including Special Appeal No. 963 of 2017, which was affirmed by Hon’ble Supreme Court in Civil Appeal Nos. 7181-7317 of 2021, therefore, both the learned counsels submit that this Appeal can also be disposed of in terms of the said judgment. 4. Learned counsel for the appellants has produced in Court order dated 25.04.2025 passed by this Court in Special Appeal No. 794 of 2017, whereby the Special Appeal filed by the State was dismissed in view of the judgment rendered by Hon’ble Supreme Court. 5. In such view of the matter, this Special Appeal is also decided in terms of the judgment rendered in Special Appeal No. 794 of 2017. (Ashish Naithani, .J.) (Manoj Kumar Tiwari, .J.) 30.04.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006d a82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.05.02 12:40:56 -07'00'