IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 140 of 2007 State of Uttarakhand and others …..…… Appellants Versus Banshidhar Thwal and others ……… Respondents Coram:- Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. Present: Mr. B.K. Gupta, Advocate for the appellants. Mr. K.N. Joshi, Advocate for respondent Nos. 1 to 4. Date of Decision: 09.03.2010 J.S. Khehar, C.J. (Oral) By a motion Bench order passed in the instant special appeal dated 05.06.2007, operation of the impugned judgment rendered by this Court on 20.12.2005 disposing of Writ Petition (S/S) No.154 of 2004, was stayed. It is pointed out at the hands of the learned counsel for the appellants, that a controversy identical to the one, which is subject matter of the consideration in the instant special appeal, is pending adjudication before the Supreme Court in Petition for Special Leave to Appeal (Civil) No.8532 of 2006, wherein leave was granted on 12.05.2006. It is, therefore, submitted that the instant special appeal should be disposed of with a direction that the order passed by the Supreme Court in furtherance of the Petition for Special Leave to Appeal (Civil) No. 8532 of 2006 filed by the State Government would be followed in deciding the rights of the respondents. 2. Learned counsel for the respondents states, that he has no objection to the suggestion made by the learned counsel for the appellants. 3. In view of the above, the instant special appeal is disposed of. The interim order passed by this Court on 05.06.2007 shall continue to operate till the final disposal of the Petition for Special Leave to 2 Appeal (Civil) No. 8532 of 2006. Consequent upon the decision at the hands of the Supreme Court, the respondents would be entitled to the same relief as is adjudicated upon by the Supreme Court in respect of the respondents in the aforesaid Petition for Special Leave to Appeal. 4. The instant special appeal is disposed of in the aforesaid terms. (Sudhanshu Dhulia, J.) (J.S. Khehar, C.J.) 09.03.2010 P.Singh