HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No.71 of 2009 Aanad Prasad & another. ……….Appellants Versus State of Uttarakhand & another. …….Respondents Mr. Sharad Sharma and Ms. Prabha Noliyal, Advocates for the appellants Mr. Subhash Upadhyay, Brief Holder for the State-respondents. Coram: Hon’ble V.K.Gupta, C.J. Hon’ble V.K. Bist, J. V.K. Gupta,C.J. (Oral) With the consent of learned counsel for the parties, we dispose of this appeal at the motion hearing stage without it being formally admitted to hearing. Vide impugned judgment, the learned Single Judge of this Court has dismissed the writ petition only on the ground of laches. In our considered opinion, the issue whether the writ petition suffered from laches or not, in the facts and circumstances of this case, ought to have been decided only after inviting the counter affidavit of the respondents. Once the counter affidavit would be filed, the Court would be in position to adjudicate upon the merits forming of subject matter of this writ petition as well as the question whether the writ petition suffered from laches or not. For the aforesaid reasons, this appeal is allowed. The impugned judgment is set aside. The writ petition is revived with the direction to the respondents to file counter affidavit in two months from today. The appellant/writ petitioners shall file rejoinder, if any thereto, in one month thereafter. 2 The writ petition shall be listed before appropriate Bench after three months. (V.K. Bist, J.) (V.K. Gupta, C.J.) 27.03.2009 NCM/Arti