IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 164 of 2008 Panch Dev Joshi .……… Appellant. Versus State of Uttarakhand and others ………. Respondents Mr. Paresh Tripathi, Advocate for the appellant. Mr. P.C. Bisht, Brief Holder for the respondent Nos. 1 & 2. JUDGMENT Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) After hearing the learned counsel for the parties, this appeal is disposed of at the motion hearing stage by passing the following order. The impugned order dated 1st August, 2008 passed by the learned Single Judge in Writ Petition No.788 of 2008 (S/S) is modified to the extent that, subject to the petitioner’s depositing with respondent No.2 the amount of the impugned recovery within four weeks from today, there shall be a stay of the impugned recovery. The deposit to be made by the writ petitioner/appellant, however, shall be without prejudice to his right and contention in the writ petition and shall also abide by the result of the writ petition. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) 02.09.2008 02.09.2008 LSR/Shiv