UTTAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The application in CLMA No.6661 of 2019, seeking condonation of delay of 500 days in preferring the Special Appeal is not opposed by learned counsel for the respondents. The Delay Condonation Application is allowed. Delay is condoned.

(2.) This intra-court appeal has been filed assailing the judgment and order dtd. 29/11/2017 passed in Writ Petition No.2005 of 2016 (M/S) 'Uttam Singh vs. State of Uttarakhand and another', whereby the learned Single Judge dismissed the writ petition filed by the appellant-writ petitioner.

(3.) Mr. Paresh Tripathi, learned Chief Standing Counsel assisted by Mr. S. S. Chaudhary, learned Brief Holder appearing for the respondents raised a preliminary objection to the maintainability of this Special Appeal. He contended that in the light of the provision of Rule 5 of Chapter VIII of the Allahabad High Court Rules, 1952, applicable to High Court of Uttarakhand under U.P. Re-organization Act, 2000, the remedy of filing an intra-court appeal is not available to the appellant-writ petitioner.