High CourtsDivision Bench(2026) 10 UK CK 0294

State Of Uttarakhand & Ors. vs Gopal Dutt Papnai & Ors.

Uttarakhand High Court, Nainital · Decided on 6 October 2026

HON’BLE JUDGES
Manoj Kumar Gupta, C.J · Subhash Upadhyay, J
RESULT
Allowed
CASE NUMBER
SPECIAL APPEAL NO. 418 OF 2026

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Judgment

12 paragraphs · 315 words

(PER : SRI MANOJ KUMAR GUPTA, C.J.)

Delay Condonation Application (IA No. 1 of 2026)

1.

The appeal is reported to be beyond time by 591 days. Counsel for the private respondents have no objection to condonation of delay. Accordingly, delay is condoned. Delay Condonation application is allowed. Office is directed to allot a regular number to the instant appeal.

SPECIAL APPEAL NO. 418 OF 2026

2.

The present appeal has been filed against the common judgment and order dated 07.01.2025, passed in batch of writ petitions, the leading one being WPSS No. 2497 of 2024, Pushpa Joshi and others Vs State of Uttarakhand and others.

3.

Learned Standing Counsel appearing for the appellants submits that against the same common judgment Special Appeal No. 297 of 2025 and Special Appeal No. 298 of 2025 were filed by the appellants before this Court and the said appeals were allowed by judgment dated 05.12.2025 by a Co-ordinate Bench. The operative part of the judgment and order passed therein is as follows :

“7.

In view of the above, and in view of the facts and circumstances and the applicable law being similar to the petition noted supra, the instant appeals also require to be allowed and are accordingly allowed. The judgments under appeal are set aside. The writ petitions stand dismissed.

8.

There shall be no order as to costs.

9.

Accompanying applications if any stand closed.”

4.

Mr. B.M. Pingal, learned counsel who appears for private respondent Nos. 1 to 11, very fairly admits that the present appeal is covered by the judgment dated 05.12.2025 in the aforesaid Special Appeals. Mr. I.D. Paliwal, learned Standing Counsel for the State of U.P. also takes the same stand.

5.

In view of the same, the present special appeal is also allowed in same terms as have been quoted above.

6.

Pending application(s), if any, also stand disposed of.