HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE THE CHI EF JUSTI CE MR. MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTI CE SUBHASH UPADHYAY

24^TH MARCH, 2026 SPECI AL APPEAL NO. 69 OF 2024 State of Uttarakhand & others …...Appellants.

Versus Pooran Chandra Bhatt & another ….Respondents. Counsel for the Appellants : Mr. Gajendra Tripathi, learned Standing Counsel.

Counsel for the Respondents : Mr. Rajat Pandey, learned counsel holding brief of Mr. Rahul Adhikari, learned counsel.

JUDGMENT :(per Mr. Manoj Kumar Gupta, C.J.)

Delay Condonation Application (I A No. 01 of 2024)

1. For the reasons stated in the affidavit, filed in support of the delay condonation application, the delay condonation application is allowed and delay of 162 days in filing the special appeal is condoned.

Special Appeal No.69 of 2024

2. The present intra-court appeal is directed against the order dated 03.07.2023, passed by a Single Judge Bench rejecting the review application (MCC No.16407 of 2022) of the State in Writ Petition (S/S) No.2707 of 2019, decided by order dated 07.01.2021.

3. In the affidavit filed by the respondents- writ petitioners, in support of urgency application (IA No.04 of 2025), it is stated that against the same order dated 03.07.2023, four special appeals bearing SPA Nos.53, 67, 68 and 69 of 2024 were filed before this Court and except the instant special appeal, all other three special appeals were listed before this Court on 24.05.2024 and the same were dismissed.

4. The State filed Special Leave to Appeal (C) No.021825 of 2024 against the order of this Court dated 24.05.2024, dismissing the special appeals. The Supreme Court has dismissed the Special Leave to Appeal on 23.09.2024. Copy of the said order has also been annexed along with the urgency application.

5. Learned State Counsel for the appellants is not in a position to dispute the said factual position.

6. As the Supreme Court has already upheld the order of this Court dated 24.05.2024, dismissing the special appeals arising out of the same order, the present special appeal is also dismissed for the reasons contained in order dated 24.05.2024, passed in other special appeals and having regard to the order passed by the Supreme Court on 23.09.2024 in Special Leave to Appeal (C) No.021825 of

2024.

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

MANOJ KUMAR GUPTA, C.J.

SUBHASH UPADHYAY, J.

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