IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO.108 OF 2008 (S/B) Dr. R.K. Sharma S/o Late Sri Bal Krishan Sharma, R/o 308 Srawan Nath Nagar, Hardwar, Formerly posted as Licensing Officer at Directorate, Ayurvedic & Unani Service, Dehradun …...Petitioner Versus State of Uttarakhand & another …….Respondents Dated: 24th June, 2008 Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer,J. Heard Sri Ajay Veer Pundir, learned counsel for the petitioner and Sri H.M. Raturi, learned brief holder for the State/respondents. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 23.4.2008 (copy annexure 5 to the writ petition) whereby one Puja Bhardwaj has been directed to discharge functions of Licensing Authority for the year 2008-09 in addition to the post held by her. Brief facts of the case are that petitioner was the licensing authority in Directorate Ayurvedic and Unani Services, Dehradun, Uttarakhand. In the earlier round of litigation, he filed Writ Petition No.44 (S/B) of 2007 which was disposed of on 1.11.2007 finally by this Court with following directions in its concluding paragraph No.5: - “(5) Having heard learned counsel for the parties and after going through the papers on record, particularly the aforementioned two Annexures, this Court feels it just and proper to dispose of this writ petition with the following directions: - (1) Relieving dated 02nd July 2007 from State of Uttarakhand is quashed. (2) Impugned order dated 20th May 2005, allocating the petitioner, State of Uttar Pradesh, issued by Government of India, is kept in abeyance till the decision on the representation dated 21.09.2005. (3) After decision is taken by respondent no.4-Union of India on the recommendation of respondent no.6 on the representation, the State of Uttarakhand shall be at liberty to relieve the petitioner for the State of Uttar Pradesh, provided the allocation to the said State by the Government of India remains unaffected. (4) In that situation the State of U.P. would be bound to accept services of the petitioner.” It appears that thereafter the State of Uttarakhand moved to the Supreme Court and filed Special Leave to Appeal (Civil) No.24911/2007. The said SLP (Civil) was decided vide order dated 15.5.2008 by the Apex Court whereby the SLP was dismissed as infructuous on the ground that vide order dated 24.3.2008, Government of India has allocated Dr. Rama Kant Sharma (petitioner), State of Uttarakhand. Learned counsel for the petitioner argued that still even after allocating State of Uttarakhand by the Government of India on 24.3.2008, by the impugned order dated 23.4.2008 (copy Annexure 5 to the writ petition), the petitioner was not given the charge of his office by the respondent No.1 and instead one Dr. Puja Bhardwaj was given charge in addition to her duties. What in fact substantially learned counsel for the petitioners argued is the willful disobedience of this Court’s order passed by this Court on 1.11.2007 passed in Writ Petition No.44(S/B) of 2007, which got affirmed by the Apex Court after the SLP is dismissed. In our opinion, the petitioner should approach the Bench hearing the Contempt matters instead of filing the fresh writ petition. In the above circumstances, learned counsel for the petitioner prays for and is permitted to withdraw the writ petition. The writ petition is dismissed as withdrawn with the liberty to the petitioner to move to the Bench hearing contempt matters. (Dharam Veer, J.) (Prafulla C.Pant, J.) Rajeev Dang