IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 106 of 2008 Shyam Singh and others .……… Appellants Versus Kumaon Jal Sansthan, Nainital and others ……… Respondents Mr. C.D. Bahuguna, Advocate for the appellants. Mr. J.P. Joshi, Advocate for the respondents Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. Vide order dated 11/10/2006 the writ petition was dismissed for want of prosecution. Restoration application was rejected vide order dated 16th June, 2008. It is this order under challenge in this appeal. After hearing the learned counsel for the parties, we allow this appeal at the motion hearing stage, set aside the aforesaid impugned order, allow the delay condonation application and the restoration application and consequently recall the order dated 11th October, 2006 and restore writ petition No. 4408 of 2001 (S/S) subject to the payment of Rs.2,000/- as cost to be deposited by the appellants in the Legal Aid Fund within three weeks from today. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) 03.07.2008 03.07.2008 Shiv/VK 2