IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1576 of 2009 (M/S) Mr. Fakeer Singh and Nawab Singh through its Proprietor Nawab Singh S/O Sri Fakeer Singh R/O Brahampur, Muzaffar Nagar. …… Petitioner. Versus State of Uttaranchal, through Secretary Water Resources, Civil Secretariat, Dehradun and another. … Respondents. Sri Mohd. Matlub, Advocate holding brief of Mr. B.P.Nautiyal, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for the State-respo ent No.1. nd Sri D.S.Patni, Advocate, learned counsel for the respondent no.2. Date November 13, 2009. Hon’ble B.S.Verma, J. Heard learned counsel for the parties. Both the parties agree that the controversy involved in this petition is covered by the Division Bench judgment of this Court passed in WPMB No. 100 of 2003, Mr. Fakeer Singh and Nawab Singh Vs. State of Uttaranchal and others, dated 18-8-2006. Learned counsel for the respondent no.2 Sri D.S.Patni, Advocate, has fairly conceded that the judgment of the Allahabad High Court in the case of Tejveer Singh Vs. State of U.P. reported in 1997 (29) ALR 68 was followed by this Court in Misc. WPMB No. 1010 of 2003 vide order dated 29-10-2003 and in the order dated 7-8-2004 passed in Misc. WPMB No. 763 of 2004, Hifje Ali Vs. State of Uttaranchal and others as well as in WPMB No. 100 of 2003 Fakeer Singh Vs. State of Uttaranchal and others referred to above. Accordingly, the present writ petition is disposed of in the same terms. ( B.S.Verma, J. ) RCP 2 3 4 5 6