Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
SPA No.956 of 2018 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J.
Mr. Rahul Verma, learned Additional Advocate General for the State/appellant.
2. Mr. Sunil Upadhyay, learned counsel for respondent no.1/ writ petitioner.
3. Mr. Rohit Kumar,
learned counsel holding brief of Mr. I.D. Paliwal, learned counsel for respondent no.2.
4. This intra-court appeal is
directed against final
order dated 22.12.2017 rendered by learned Single Judge in Writ Petition (S/S) No.3277 of 2017. By the said
judgment writ petition filed by respondent no.1 was decided in terms of judgment rendered by Hon’ble Apex Court in Civil Appeal No.10806 of 2017, ‘Habib Khan Vs. State of Uttarakhand & Others’.
5.
Learned counsel for the parties are unanimous on the point that Special Appeal No.1029 of 2018 filed by State against similar
judgment in Writ Petition (S/S) No.1560/2015, ‘Naresh Kumar Vs. State of Uttarakhand’ was dismissed by Co-ordinate Bench vide judgment dated 01.10.2024.
6. Mr. Sunil Upadhyay, learned counsel for respondent no.1/writ petitioner submits that while four writ petitions were decided by a common
judgment on 22.12.2017 and Special Appeals against judgment rendered in other three writ petitions have been
dismissed and this appeal is also liable to be dismissed in terms of judgment rendered in Special Appeal No.1029 of 2018.
7. Learned State Counsel concedes that other three appeals filed by State have been dismissed.
8. In such view of the matter, this Special Appeal is also dismissed in terms of
judgment rendered by Co-ordinate Bench in Special Appeal No.1029 of 2018, ‘State of Uttarakhand and Others Vs. Naresh Kumar’
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 16.07.2025 SS