Pankaj Joshi vs State Of Uttarakhand And Others

Sanjaya Kumar Mishra, J

1) Having heard Mr. Sanjay Bhatt, the learned counsel for the appellant and Mr. J.C. Pande, learned Standing Counsel for the State of Uttarakhand, this Court is of the opinion that since the learned Single Judge’s judgment has been affirmed by the Division Bench of this Court in Special Appeal No. 519 of 2014, Pankaj Joshi Vs State of Uttarakhand & others, confirming the judgment of the learned Single Judge, a review application before the learned Single Judge is not maintainable as his order merged with the judgment of the Division Bench.

2) Our view find support from the reported case of the Hon’ble Apex Court in Khoday Distilleries Limited (now known as Khoday India Limited) and others Vs Sri Mahadeshwara Sahakara Sakkare Karkhane Limited, Kollegal (under Liquidation) represented by the Liquidator, (2019) 4 SCC 376.

3) In that view of the matter, Mr. Sanjay Bhatt, the learned counsel for the appellant prays that the appellant may be allowed to withdraw the Appeal with a liberty to file a review application in the Special Appeal bearing No. 519 of 2014. The learned counsel for the appellant is requested to file a memo to that effect. If any memo is filed, the same shall form part of the record.

4) The prayer of the learned counsel for the appellant is allowed.

5) The Special Appeal is, accordingly, allowed to be withdrawn with a liberty to file an appropriate review application before the Division Bench of this Court in the aforesaid Special Appeal.