IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No. 8195 of 2009 In WRIT PETITION No. 1614 of 2009 (M/S) 1. Pratap Singh, S/o Sri Nandan Singh, Aged about 31 years,R/o Navabi Road, Haldwani, District Nainital. 2. Vikas Kirola, S/o Sri G.S. Kirola R/o Nawabi Road, Haldwani, District Nainital. ……Petitioners. Versus State of Uttarakhand, through Secretary Home, Civil Secretariat, Dehradun. ..Respondents. Mr. U.K. Uniyal, Senior Advocate with Mr. Sandeep Kothari, Advocate for the petitioners. Mr. K.P. Upadhyay, Addl. C.S.C. for the State. Date: - 09-03-2010 Hon’ble B.S. Verma J. By means of this writ petition, the petitioners have sought following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari for quashing the Govt. Order dated 9-11- 2006 (Annexure-5 to the petition). (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to take appropriate action in compliance of the G.O. dated 28-08-2006. (iii) Issue any other writ order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of this case. (iv) Award the cost of writ petition to the petitioners. 2 Brief facts giving rise to the present writ petition are that during the pendency of appeal against the petitioners the Government took a decision on 28-08-2006 in the public interest that the prosecution against the petitioners may be withdrawn. The decision of the Govt. was communicated to the District Magistrate, Nainital on 28-08- 2006. Despite of the communication no application was moved by the prosecution officer in appeal. It came to the notice to the petitioners by subsequent Government Order dated 09-11-2006. The earlier Government Order dated 28- 08-2006 has been cancelled. The grievance of the petitioners is that the subsequent Government Order dated 09-11-2006 is a non- speaking and cryptic order. This Court has granted time on 18-09-2009 to the State to file counter affidavit and on 15-02-2010, further two weeks’ time and no more time was granted to the State to file counter affidavit but till today no counter affidavit has been filed by the State. I have perused the impugned Government Order dated 09-11-2006 and it is a one line order and does not discloses any reasons why the earlier Government Order was cancelled. Since, no counter affidavit has been filed by the State and no reason has been assigned for cancellation of the earlier Government Order dated 09-11-2006. Therefore, the Government Order dated 09-11-2006 is liable to be set aside being a non-speaking order and the same is set aside. 3 With the above observation, the writ petition is allowed. The Government Order dated 09-11-2006 is set aside. However, the State Government would be at liberty to pass fresh reasoned order to cancel the Government Order dated 28-08-2006. (B.S. Verma, J.) 09-03-2010 MK