IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Special Appeal No. 33 of 2009 Anand Kumar (since deceased) through legal representatives …Appellants. Versus Garhwal Mandal Vikas Nigam Limited and another. …Respondents. Mr. Sudhir Kumar, Advocate for the appellant. Mr. U.K. Uniyal, Senior Advocate assisted with Mr. Sandeep Kothari, Advocate for the respondents. Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. Khehar, C.J. (Oral) 1. After the learned counsel for the appellants argued for sometime, learned counsel for the respondents states, that he has no objection, if the impugned order is set aside and the matter is remanded back to the learned Single Judge for a fresh decision on merits. 2. The proposal made by the learned counsel for the respondents has been readily accepted by the learned counsel for the appellants. 3. In view of the above, the instant Special Appeal is allowed. The impugned order passed by the learned Single Judge dated 23.4.2007 disposing of Writ Petition (S/S) No. 150 of 2001 is hereby set aside. The matter is remanded back to the learned Single Judge for a fresh decision on merits. Writ Petition (S/S) No. 150 of 2001 be listed before the learned Single Judge on 1.7.2010. (Sudhanshu Dhulia, J.) (J.S. Khehar, C.J.) 31.5.2010 Rathour