2026:UHC:1862-DB I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE CHI EF JUSTI CE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTI CE MR. SUBHASH UPADHYAY Special Appeal No.393 of 2025 18 March, 2026 M/s Arjun Chand -----Appellant Versus State of Uttarakhand and Others ----Respondents ---------------------------------------------------------------------- Presence:- Mr. Sanjay Bhatt, learned counsel for the appellant. Ms. Rajni Supyal, learned Brief Holder for the State of Uttarakhand. ---------------------------------------------------------------------- ORDER: Delay Con don at ion Applicat ion ( I A/ 1 / 2 0 2 5 ) 1. Appeal is reported to be beyond time by 29 days. The explanation given for the delay is found to be satisfactory. Even otherwise, learned counsel for the State does not oppose the delay condonation application. Accordingly, delay condonation application is allowed and delay in filing the appeal is condoned. SPA No.3 9 3 of 2 0 2 5 2. The present intra-court appeal is directed against the order of learned Single Judge dated 25.09.2025 passed in WPSS No.1598 of 2025 whereby the writ petition filed by the appellant has been dismissed on the ground that it is barred by principle of res judicata and Order 2 Rule 2 CPC. 3. Learned counsel for the appellant after making submissions at some length prays for withdrawal of the instant appeal reserving liberty in favour of the appellant to apply for review of the order passed in the previous writ petition bearing 1 2026:UHC:1862-DB number WPSS No.107 of 2025 on ground of discovery of new material / evidence. 4. Having regard to the prayer made, the appeal is dismissed as not pressed. 5. Pending application, if any, also stands disposed of. ( MANOJ KUMAR GUPTA, C. J.) ( SUBHASH UPADHYAY, J.) Dated: 18.03.2026 SS 2 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a 8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7 D72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2026.03.20 10:15:08 +05'30'