SPA/171/2022
2023 Latest Caselaw 551 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    SPECIAL APPEAL NO. 171 OF 2022
                              01ST MARCH, 2023
BETWEEN:
Neeraj Kumar Sati & others                                      .....Appellants.
And

State of Uttarakhand & others                                   ....Respondents.

Counsel for the Appellants : Mr. K.K. Harbola, learned counsel.

Counsel for the Respondent Nos.1 to 3 : Mr. K.N. Joshi, learned Deputy Advocate General.

Counsel for the Respondent No.4 : Mr. Nishant Krishna Adhikari, proxy counsel for Mr. Ramji Srivastava, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Delay Condonation Application (IA No.01/2022)

Learned counsels for the respondents do not fairly

oppose the delay in preferring the present special appeal.

2. For the reasons stated in the affidavit filed in

support of the delay condonation application, the delay

condonation application is allowed, and the delay of 74 days

in preferring the special appeal is, hereby, condoned.

Special Appeal No.171 of 2022

3. After some arguments, learned counsel for the

appellants seeks leave to withdraw the present special

appeal. He states that the appellants shall prefer the review

petition before the learned Single Judge.

4. The Special Appeal is dismissed as withdrawn.

5. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 01st March, 2023 NISHANT