The High Court allowed a correction application to amend a prior order dismissing a special appeal. It was determined the appeal should have been allowed as the referenced judgment was upheld.
Directed replacement of words 'this appeal is also dismissed' with 'this appeal is also allowed'.
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Correction Application No. 397 of 2019 In SPA No. 58 of 2019
Hon’ble Ramesh Ranganathan, C.J. Hon’ble N.S. Dhanik, J.
Mr. Prabhakar Joshi, learned counsel for the appellants.
Mr. Anil Kumar Bisht, learned Standing Counsel for the State of Uttarakhand.
This application is filed seeking correction of the order passed by us in SPA No. 58 of 2019 dated 03.05.2019 wherein we had recorded the submission of both Sri Prabhakar Joshi, learned counsel appearing on behalf of the appellants and Sri Anil Kumar Bisht, learned Standing Counsel appearing on behalf of the State of Uttarakhand, that the subject matter of the appeal was covered by the order passed by us in SPA No. 114 of 2019 dated 11.03.2019.
We had, while following the order passed by us in SPA No. 114 of 2019 dated 11.03.2019, and in terms thereof, dismissed the appeal.
Sri Prabhakar Joshi, learned counsel for the appellants, would point out, rightly so, that the order in SPA No. 58 of 2019 dated 03.05.2019 necessitates correction since SPA No. 114 of 2019, in following which the said order was passed, was allowed; and we had, by our order in SPA No. 58 of 2019 dated 03.05.2019, erroneously dismissed the appeal. Learned counsel would seek correction of this order.
Sri Anil Kumar Bisht, learned Standing Counsel for the State of Uttarakhand, would fairly state that the order passed by us in SPA No. 58 of 2019 dated 03.05.2019 suffers from an error in that the appeal should have been allowed and not dismissed.
We consider it appropriate, in such circumstances, to direct that the words “this appeal is also dismissed” shall be substituted by the words “this appeal is also allowed”. The corrected copy of the order shall be made available to the parties.
The correction application stands disposed of, accordingly.
(N.S. Dhanik, J.) (Ramesh Ranganathan, C.J.) 17.05.2019 Shiksha
Ramesh Ranganathan
N.S. Dhanik
As recorded by the court registry
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