2026:UHC:4699-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY SPECIAL APPEAL NO. 161 OF 2026 11TH JUNE, 2026 State of Uttarakhand and others …… Appellants Versus Leela Tiwari and others …… Respondents Counsel for the appellants : Mr. Rajeev Singh Bisht, learned Deputy Advocate General with Mr. B.S. Parihar, learned Additional Chief Standing Counsel for the State of Uttarakhand Counsel for the respondents : Mr. B.M. Pingal, learned counsel for respondent Nos. 1 to 12 : Mr. I.D. Paliwal, learned Standing Counsel for the State of U.P. / respondent Nos. 13 and 14 The Court made the following: JUDGMENT: (per Sri Manoj Kumar Gupta, C.J.) Delay Condonation Application (I.A. No. 01 of 2026) 1) The appeal is reported to be beyond time by 459 days. Counsel for the private respondents have no objection to condonation of delay. Accordingly, delay is condoned. Delay Condonation application is allowed. 1 2026:UHC:4699-DB Office is directed to allot a regular number to the instant appeal. SPECIAL APPEAL NO. 161 OF 2026 2) The present appeal has been filed against the common judgment and order dated 07.01.2025, passed in batch of writ petitions, the leading one being WPSS No. 2497 of 2024, Pushpa Joshi and others Vs State of Uttarakhand and others. 3) Learned Deputy Advocate General appearing for the appellants submits that against the same common judgment Special Appeal No. 297 of 2025 and Special Appeal No. 298 of 2025 were filed by the appellants before this Court and the said appeals were allowed by judgment dated 05.12.2025 by a Co-ordinate Bench. The operative part of the judgment and order passed therein is as follows : “7. In view of the above, and in view of the facts and circumstances and the applicable law being similar to the petition noted supra, the instant appeals also require to be allowed and are accordingly allowed. The judgments under appeal are set aside. The writ petitions stand dismissed. 8. There shall be no order as to costs. 9. Accompanying applications if any stand closed.” 2 2026:UHC:4699-DB 4) Mr. B.M. Pingal, learned counsel who appears for private respondent Nos. 1 to 12, very fairly admits that the present appeal is covered by the judgment dated 05.12.2025 in the aforesaid Special Appeals. Mr. I.D. Paliwal, learned Standing Counsel for the State of U.P. also takes the same stand. 5) In view of the same, the present special appeal is also allowed in same terms as have been quoted above. 6) Pending application(s), if any, also stand disposed of. _______________________ MANOJ KUMAR GUPTA, C.J. _________________ SUBHASH UPADHYAY, J. Dt: 11TH JUNE, 2026 Negi 3 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d5 757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C 18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2026.06.12 11:02:05 +05'30'