IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No.100 of 2008 Kiran Bala Pandey …Appellant Versus Smt. Sadhana Singh & others ...Respondents Dated : May 14th 2010 Hon’ble J.S. Khehar, C.J. Hon’ble V.K. Bist, J. Mr. Siddhartha Singh, Advocate for the appellant. Mr. S.K. Mandal, Advocate for respondent no.1. Mr. Subhash Upadhyay, Advocate for respondent nos.2 to 4. With the consent of learned counsel for the parties, order dated 04.05.2010 is recalled. The order disposing of Special Appeal No.100 of 2008 shall be read as under:- “Learned counsel for the parties are agreed, that the impugned orders dated 24.04.2008/09.05.2008, disposing of Writ Petition (S/S) No.4283 of 2001 be set aside, and that, the aforesaid writ petition, after being restored to its original number, be remanded to the learned Single Judge for decision on merits. In view of the above, the impugned orders dated 24.04.2008/09.05.2008, disposing of Writ Petition (S/S) No.4283 of 2001 is hereby set aside. The aforesaid writ petition is ordered to be restored to its original number. Learned Single Judge is requested to dispose of the aforesaid writ petition on merits in accordance with law. Parties in person or through counsel shall appear before the learned Single Judge on 14th July, 2010. Needless to mention, that the learned Single Judge will not take into consideration while readjudicating the issues, the earlier orders passed in writ petition (S/S) No.342 of 2008 decided on 12.05.2008.” The instant special appeal stands disposed of accordingly. (V.K.Bist, J.) (J.S. Khehar, C.J.) 14.05.2010 Arti 2