SPA/172/2022
2022 Latest Caselaw 1849 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

                    SRI JUSTICE S.K. MISHRA, A.C.J.
                                AND
                     SRI JUSTICE R.C. KHULBE, J.

27TH JUNE, 2022

SPECIAL APPEAL No. 172 OF 2022

Between:

Sekhar Singh Papola.

...Appellant and

State of Uttarakhand and others.

...Respondents

Counsel for the appellant. : Mr. B.P. Nautiyal, the learned Senior Counsel assisted by Mr. D.K. Joshi, the learned counsel.

Counsel for respondent nos. 1 to 6. : Mr. Pradeep Joshi, the learned Additional Chief Standing Counsel for the State of Uttarakhand.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri S.K. Mishra, A.C.J.)

It is brought to our notice that private

respondent nos. 7 and 8 never appeared before the

learned Single Judge.

2. In advancing the arguments in this case, Mr.

B.P. Nautiyal, the learned Senior Counsel appearing with

Mr. D.K. Joshi, the learned counsel for the appellant,

would argue that the appellant, at present, shall confine his prayer only to expunge the adverse remarks passed

by the learned Single Judge against him and imposition

of cost of Rs. 1.00 lakh against the appellant.

3. We have carefully examined the records. In

our opinion, the adverse remarks recorded by the

learned Single Judge in paragraph no. 16 at page no. 20

(internal page no. 11 of the impugned judgment) are not

warranted, and as Mr. B.P. Nautiyal, the learned Senior

Counsel, submits there was a bonafide mistake on the

part of the appellant to bring certain facts to the

knowledge of the Court, the Court has passed this order.

4. In that view of the matter, we are inclined to

allow the present Special Appeal in part.

5. Accordingly, sub-paragraph no. 6 of paragraph

no. 16 the impugned judgment is, hereby, deleted or

expunged. With regard to the imposition of cost of Rs.

1.00 lakh, the same is also set-aside.

6. With such observations, the present Special

Appeal is partly allowed.

In sequel thereto, all pending applications

stand disposed of.

There shall be no orders as to cost.

Urgent certified copy of this order be supplied

to the learned counsel for the parties, as per Rules.

________________ S.K. MISHRA, A.C.J.

_____________ R.C. KHULBE, J.

Dt: 27th June, 2022 Rahul