Uttarakhand High Court
State Of U.P. & Others ....Appellants vs Surendra Singh & Others on 30 May, 2019
Author: N.S. Dhanik
Bench: Ramesh Ranganathan, N.S. Dhanik
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Special Appeal No. 517 of 2019
With
Delay Condonation Application No. 6765 of 2019
State of U.P. & others ....Appellants
Vs.
Surendra Singh & others ...Respondents
With
Special Appeal No. 520 of 2019
With
Delay Condonation Application No. 6767 of 2019
State of U.P. & others ..Appellants
Vs.
Shesh Nath Yadav and others ...Respondents
With
Special Appeal No. 523 of 2019
With
Delay Condonation Application No. 6771 of 2019
State of U.P. & others ....Appellants
Vs.
LilaDhar Pande & others ...Respondents
With
Special Appeal No. 525 of 2019
With
Delay Condonation Application No. 6769 of 2019
State of U.P. & others ....Appellants
Vs.
Shesh Nath Yadav & others ...Respondents
Present:
Mrs. Beena Pande, learned Standing Counsel for the State of U.P-appelllants.
Mr. S.S. Chauhan, learned Deputy Advocate General for the State of Uttarakhand.
Mr. M.C. Pant, learned counsel for the respondents-writ petitioners.
Dated: 30th May, 2019
Coram: Hon'ble Ramesh Ranganathan, C.J.
Hon'ble N.S. Dhanik, J.
2Ramesh Ranganathan, C.J. (Oral) The applications to condone the delay are not opposed by Mr. M.C. Pant, learned counsel for the respondents-writ petitioners and, the delay is, therefore, condoned. Delay Condonation Applications stand disposed of.
2. Both Mr. M.C. Pant, learned counsel for the respondents-writ petitioners and Mr. S.S. Chauhan, learned Deputy Advocate General for the State, would submit that the subject matter of these appeals is covered by the order passed by the Division Bench of this Court in Special Appeal No. 494 of 2017 dated 26.04.2018. Mrs. Bina Pande, learned Standing Counsel appearing for the State of U.P-appellant, would submit that the matter has been carried in appeal to the Supreme Court.
3. The judgment of the Division Bench, in Special Appeal No.494 of 2017 dated 26.04.2018, does not cease to be a precedent binding on a Co-ordinate Bench until and unless it is reversed by the Supreme Court in appeal. Admittedly, no such order has been passed by the Supreme Court till date. We are, therefore, bound to follow the earlier order of the Division Bench.
4. These appeals are also disposed of in accordance with, and in terms of, the order passed in Special Appeal No.494 of 2017 dated 26.04.2018. No costs.
(N.S. Dhanik, J.) (Ramesh Ranganathan, C.J.) 30.05.2019 A.kaur