IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. No. 160 of 2008 Panch Dev Joshi .……… Appellant Versus State of Uttarakhand and others ………. Respondents Mr. Paresh Tripathi, Advocate for the appellant. Mr. J.P. Joshi, Chief Standing Counsel for respondent Nos. 1 & 2. JUDGMENT Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) After hearing the learned counsel for the appellant, we are not inclined to interfere in the impugned order dated 1st August, 2008 passed by the learned Single Judge in Writ Petition No. 791 of 2008 (S/S) but we do wish to observe and direct that any deposit/payment made by the petitioner/appellant pursuant to the impugned recovery shall abide by the result of the writ petition and shall also be without prejudice to the petitioner’s rights and contentions in the writ petition. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) 27.08.2008 27.08.2008 LSR/Shiv 2