IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 212 of 2011 M ahesh Singh ...…………. Appellant Versus State of Uttarakhand and others ...…………. Respondent Mr. K.N. Joshi, Advocate for the appellant. Mr. Vinay Kumar, Standing Counsel for the respondents / State. JUDGMENT Coram : Hon’ble Barin Ghosh, C. J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C.J. (Oral) On 6th September, 2010 the writ petition was dismissed, whereupon a review application was filed contending that there is a subsequent change of policy of the Government and in terms whereof the petitioner is entitled to what he was seeking in the writ petition. The review application has been dismissed, whereupon the present appeal has been filed. We feel that when on the basis of a changed policy, the petitioner acquired a right, the same should be deemed to be a new right accrued in favour of the petitioner. In the circumstances the petitioner should have re-approached the court by filing an original proceedings and not a 2 review of an earlier order, in asmuchas, a review on the basis of a subsequent changed policy is not entertainable. We, accordingly dismiss the appeal preferred against the order refusing to review the order earlier passed, but at the same time preserve the right of the appellant / petitioner to re-approach the court on the basis of their newly acquired right / status. (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 24.11.2011 Negi