IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 983 of 2008 (M / B) Smt. Pooja Rajpoot. ….. Petitioner Versus District Magistrate & others. …… Respondents Mr. H.M. Bhatia, Advocate holding brief or Mr. Arvind Vashishth, Advocate for the petitioners. Mr. P.C. Bisht, Brief Holder for respondent Nos. 1 to 3. JUDGMENT Coram: Hon’ble V.K. Gupta, C.J. Hon’ble V.K. Bisht, J. Hon’ble V.K. Gupta, C. J. (Oral) Even though the vires of an Act of State Legislature has been challenged in this petition, the petitioner, for the reasons best known to her, has not impleaded the State of Uttarakhand as a party respondent in this petition. The petition suffers from the mischief of non-joinder of necessary and proper party. On this being pointed out, Mr. H.M. Bhatia, learned counsel appearing for the petitioner, seeks leave of this Court to withdraw this petition with liberty to the petitioner to file a new petition on the same cause of action. Prayer is allowed subject to payment of RS. 2,000/- as costs to be deposited in Advocates’ Welfare Fund. The writ petition is dismissed as withdrawn. (V.K. Gupta, J.) (V.K. Bisht, C.J.) 09.03.2009 09.03.2009 G