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Supreme Court - Daily Orders

The State Of Uttarakhand vs Atul Kumar Sharma on 16 October, 2020

Bench: D.Y. Chandrachud, Indu Malhotra, Indira Banerjee

     D.8035/2020
                                                          1

     ITEM NO.2                              Court 6 (Video Conferencing)                  SECTION X

                                   S U P R E M E C O U R T O F             I N D I A
                                           RECORD OF PROCEEDINGS

                           SPECIAL LEAVE PETITION (CIVIL) Diary No.8035/2020

     (Arising out of impugned final judgment and order dated 24-08-2018
     in WPSB No.468/2017, 26-07-2019 in RA No.253/2019 passed by the
     High Court of Uttarakhand at Nainital)


     THE STATE OF UTTARAKHAND & ANR.                                             Petitioner(s)

                                                         VERSUS

     ATUL KUMAR SHARMA & ANR.                                                    Respondent(s)

     (With appln.(s) for I.R. and IA No.40859/2020-CONDONATION OF DELAY
     IN FILING and IA No.40860/2020-EXEMPTION FROM FILING O.T.)


     Date : 16-10-2020 This petition was called on for hearing today.


     CORAM :
                                  HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                                  HON'BLE MS. JUSTICE INDU MALHOTRA
                                  HON'BLE MS. JUSTICE INDIRA BANERJEE


     For Petitioner(s)                      Mr. Virendra Rawat, Dy. AG
                                            Mr. Atul Sharma, AOR
                                            Ms. Rachna Gandhi, Adv.

     For Respondent(s)
                                            Mr. Ishit Saharia, AOR


                                UPON hearing the counsel the Court made the following
                                                    O R D E R

1 There is a delay of 462 days in filing the Special Leave Petition against the original order of the High Court dated 24 August 2018 and a further delay of Signature Not Verified 126 days in filing the Special Leave Petition against the order dated 26 July 2019 in review.

Digitally signed by ARJUN BISHT Date: 2020.10.16 16:23:06 IST Reason: D.8035/2020 2

2 Having considered the explanation, we do not find any sufficient cause for condoning the delay. The Special Leave Petitions are dismissed only on the ground of delay.

3 However, we clarify that in the circumstances, it has not become necessary for this Court to express any view on the question of law which has been decided by the High Court, which is kept open to be decided in an appropriate case.

     (CHETAN KUMAR)                                       (SAROJ KUMARI GAUR)
       AR-cum-PS                                             BRANCH OFFICER