Citation : 2026 Latest Caselaw 1071 UK
Judgement Date : 16 February, 2026
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
16.02.2026 SPA No. 350 of 2017
State of Uttarakhand & ors ---- appellants
Vs
Diwan Singh & ors ---- respondents
Hon'ble Manoj Kumar Gupta, C.J.
Hon'ble Subhash Upadhyay, J.
1. Mr. Puran Singh Bisht, learned Additional Chief Standing Counsel for the State / appellants.
2. Mr. Maneesh Bisht, learned counsel for respondent No. 1.
Delay Condonation Application (I.A. No. 6852 of 2025) Substitution Application (I.A. No. 6853 of 2025)
3. There is delay of 2318 days in moving the present substitution application.
4. Delay has been satisfactory explained in the affidavit accompanying the said application.
5. Delay is condoned. Application seeking condonation of delay in filing the substitution application is, accordingly, allowed.
6. Heard counsel for the parties on substation application.
7. In pursuance of the previous order notice was issued to the proposed heirs of the deceased respondent No. 5.
8. Office report dated 13.02.2026 indicates that notices sent to the heirs of the deceased respondent have been duly delivered.
9. None present on their behalf.
10. As notices have been duly delivered by registered post, therefore, notice on the proposed heirs of the deceased respondent No. 5 is held to be sufficient. The substitution application is allowed.
11. Office is directed to make necessary amendments in the memo of parties.
SPECIAL APPEAL NO. 350 OF 2017
Delay Condonation Application (CLMA No. 6849 of 2017)
12. The appeal is reported to be beyond time by 54 days. The delay has been satisfactorily explained.
13. Mr. Maneesh Bisht, Advocate, who has earlier filed his Power on behalf of respondent Nos. 1 to 4 and 6 to 15, is present. He states that presently he is having instructions only on behalf of respondent No. 1.
14. As we have observed that dasti notices had also been served by the State on the private respondents, therefore, we proceed to allow the delay condonation application.
15. Office is directed to allot a regular number to the instant appeal, and list for admission in the week commencing 30.03.2026.
(Subhash Upadhyay, J.) (Manoj Kumar Gupta, C.J.) 16.02.2026 16.02.2026 Negi
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