Uttarakhand High Court

SPA/704/2017 on 13 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                                                              2025:UHC:3833-DB
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                                 SPA No. 704 of 2017
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Ashish Naithani, J.

Judgment:(per Hon'ble Manoj Kumar Tiwari, J.)

Mr. Sushil Vashistha, Standing Counsel for the State of Uttarakhand/appellants.

2. Mr. Hem Chandra Joshi, Advocate for the respondent.

3. Learned counsel for the parties submits that identical issue has been decided by coordinate Bench in number of cases, including Special Appeal No. 963 of 2017, which was affirmed by Hon'ble Supreme court in Civil Appeal Nos. 7181-7317 of 2021, therefore, both the learned counsels submits that this Appeal can also be disposed of in terms of the said judgment.

4. Learned counsel for the appellants has produced in Court order dated 30.04.2025, passed by this Court in Special Appeal No. 828 of 2019, whereby the Special Appeal filed by the State was dismissed in view of the judgment rendered by Hon'ble Supreme Court.

5. In such view of the matter, this Special Appeal is also decided in terms of the judgment rendered in Special Appeal No. 828 of 2019.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 13.05.2025 Shiksha

SHIKSHA

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2 c24b5aa08b09c12f21822fbd40bf639b1c,

BINJOLA postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A5 42D7FF0A9BED00E67B5283D205F18FE29BDF 5DD9, cn=SHIKSHA BINJOLA Date: 2025.05.15 15:56:04 +05'30'