IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 248 of 2009 State of U.P. and another .……… Appellants Versus Basant Ballabh Pant (deceased) and others ……… Respondents JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Tarun Agarwala, J. J.S. KHEHAR, C. J. (Oral) Mrs. Beena Pandey, Standing Counsel (U.P. Govt.) for the appellants. Mr. Mohit Maulkhi, Advocate for Mr. D.S. Patni, Advocate for the respondent. The learned counsel for the respondent acknowledges that the controversy raised in the present appeal is squarely covered in favour of the revenue by the judgment rendered in State of U.P., through Secretary Cooperative Department and others Vs. Ruk Mangal Singh Rathaur (Civil Appeal No.7318 of 2003, decided on 28/11/2006). In view of the above, the instant appeal is allowed. The impugned order rendered by a learned Single Judge in Basant Ballabh Pant Vs. State of U.P. through the Secretary, Cooperative Department and another [Writ Petition No.310 of 2002 (S/S), decided on 06/03/2006] is hereby set aside. (Tarun Agarwala, J.) (J.S. Khehar, C.J.) 18.12.2009 Shiv