SPA No.270 of 2009 Hon’ble Tarun Agarwala, J. Hon’ble B.C. Kandpal, J. Mr. Gopal Narain, Advocate for the appellant. Mr. Subhash Upadhyaya, Brief Holder for respondent Nos. 1, 2, 3, 6 and 7. Mr. Vipul Sharma, Advocate for respondent No.4. Having heard the learned counsel for the parties, we are of the opinion that the special appeal is not maintainable against the rejection of the stay application under Chapter 8 Rule 5 of the Rules of the Court. Consequently, the special appeal is dismissed with the observations that the Chief Information Commissioner, Uttarakhand-respondent No.4 to the writ petition who is represented by Shri Vipul Sharma shall file a counter affidavit in the writ petition within two weeks from today. The Registry is directed to list the writ petition before the appropriate Court immediately after the expiry of the aforesaid period. In the event, the writ petition cannot be decided on account of want of necessary affidavits being filed by the parties, it would be open to the petitioner to file a fresh stay application before the writ court. Let a copy of this order be kept in the writ petition also. (B.C. Kandpal, J.) (Tarun Agarwala, J.) 26.03.2010 Shiv