STATE OF UTTARAKHAND THROUGH SECRETARY AND OTHERS vs DINESH CHANDRA UNIYAL

 K.M. JOSEPH, C.J  Â

We heard Mr. A.K. Bisht, learned Standing Counsel for the State / appellants and Mr. Ravi Babulkar, learned counsel on behalf of the

respondent. Â

In the circumstances, Delay Condonation Application No. 5371 of 2018 will stand allowed. Delay in filing Appeal will stand condoned. Â

This appeal is lodged against the judgment of the learned Single Judge dated 12.01.2018.Â

Perusal of the impugned judgment would show that the counsel for the appellants conceded that the present case is covered by the judgment in Writ

Petition (S/S) No. 499 of 2016, against which Special Appeal No. 700 of 2017 was filed, which was dismissed by a Bench of this Court on

11.10.2017.Â

In the light of the procedure adopted by the learned Single Judge, which is essentially placing reliance on the judgment as conceded by the learned

State Counsel, we see no reason to interfere.Â

The appeal will stand dismissed without prejudice to any remedy available to the appellants before the learned Single Judge.Â