IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/B) No. 1248 of 2001 (Old No. 29116 of 1998) Murti Bhagwan Laxmi Narayanji ……. Petitioners Versus The Chairman Managing Committee and others ……. Respondents Mr. A.K. Sharma, Advocate for the petitioners. None for the respondents. Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. CLMA No.4612 of 2008 For the reasons stated, the delay condonation application is allowed. The delay in filing the restoration application No. 844 of 2008 is condoned. MCC No.844 of 2008 For the reasons stated, the restoration application is allowed. The order dated 27/02/2004 is recalled. The Writ petition No. 1248 of 2001 (M/B) is restored to its original position. WPMB No. 1248 of 2001 This writ petition has been restored today by separate order passed in MCC No. 844 of 2008. The learned counsel for the petitioners seeks to withdraw this petition with liberty to the petitioners to file the civil suit in the civil court of competent jurisdiction. Prayer allowed. The writ petition is dismissed as withdrawn. Liberty prayed for is allowed. Subject to all exceptions. (J.C.S. Rawat, J.) (V.K. Gupta, C.J.) 28.07.2008 28.07.2008 Shiv