HIGH COURT OF UTTARAKHAND AT NAINITAL W.P. PILNo.112 of 2008 Subash Chandra Joshi S/o late Sh. Lal Mani Joshi R/o Mallital Bhimtal Post Bhimtal, District Nainital Uttarakhand .……… Petitioner Versus State Government of Uttarakhand and another …… Respondents Mr. M. S. Pal, Senior Advocate with Mr. U. K. Sharma, Mr. O. P. Sharma, Mr. Sukhdev Singh and Ms. Urmil Sharma, Advocates for the petitioner. Mr. L. P. Naithani, Advocate General for the respondent no.1. Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) After arguing for a while, learned counsel for the petitioner seeks leave of this Court to withdraw this petition with liberty to the petitioner to approach the Commission constituted by the Government of Uttarakhand vide Notification No.720/xxx-C(13)G/2007-38(71)/07 dated 05.09.2007 with respect to the subject matter of this petition. Prayer allowed. The petition is dismissed as withdrawn. It is directed that if the petitioner does approach the aforesaid Commission within a period of two weeks from today, the Commission shall receive the complaint of the petitioner against respondent no.2, examine and process the same and if it finds that the complaint and its subject matter is within the jurisdiction and purview of the Commission, in the light of the Commission’s terms of reference originating and emanating from the aforesaid Notification dated 05th September 2007, it shall proceed to act in accordance with law and on the merits of this case. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) Dated 26th June 2008 LSR / Shiv