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2018 Supreme(UK) 244

SHARAD KUMAR SHARMA
Indiver Saral – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Yogesh V. Nayyar and Mr. Abhishek Verma, Advocates
For the Respondent:Mr. J.P. Joshi, Addl. Advocate General along with Mr. Paresh Tripathi, Chief Standing Counsel and Mr. Anurag Bisaria, Standing Counsel

JUDGMENT :

Sharad Kumar Sharma, J.

1. These are the two Writ Petitions, being Writ Petition (M/S) No. 831/2018 and Writ Petition (M/S) No. 832/2018, which has been preferred by the respective petitioners, almost claiming a similar relief pertaining to a challenge being given to Clause-8 of the Notification No. 310/XXIII/2018/04(01)/2018 dated 19.3.2018 issued by respondent no. 1, while exercising powers under Section 40 of Uttaranchal (United Provinces Excise Act, 1910) Adoption Order 2002 read with Section 40 of General Clauses Act 1904, alleging thereof the same to be opposed to public policy.

2. The reliefs as sought by the writ petitioners of Writ Petition No. 831/2018 is as under:

“(i) Issue Writ or Order in the form and nature of certiorari or any other appropriate Writ, and may further be pleased to quash and set aside the impugned Notification bearing no. 310/XXIII/2018/04(01)/2018, dated 19th March, 2018 vice Clause 8 (Annexure-6), it being opposed to public policy.

(ii) Issue Writ or Order in the form and nature of mandamus or any other appropriate Writ thereby directing t






























































































































































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