IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 13 of 2010 State of Uttarakhand & Others .……… Appellants Versus Km. Suchitra Sah & Another .………. Respondents Present: Mr. P.C. Bisht, Advocate for the appellants. Mr. Bhagwat Mehra, Advocate for the respondents. Date of decision: 04-03-2010 JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. KHEHAR, C. J. (Oral) CLMA No. 1104 of 2010 (Delay Condonation Application) Learned counsel for the respondents states, that he has no objection if the delay in filing the appeal at the hands of the State of Uttarakhand is condoned. In view of the above, delay of 287 days in filing the instant special appeal is condoned. CLMA No. 1104 of 2010 is allowed in the foresaid terms. Special Appeal No. 13 of 2010. Through the instant special appeal, the State of Uttarakhand has impugned the order passed by a learned Single Judge of this Court dated 06.04.2009, disposing of Writ Petition (S/S) No. 194 of 2009. A perusal of the order passed by the learned Single Judge reveals, that Writ Petition (S/S) No. 194 of 2009 was disposed of in the same terms as the Judgment rendered in Deep Chandra Tewari & Another Vs. State of Uttarakhand & Others (Writ Petition (S/S) No. 1035 of 2007 decided on 01.09.2008). Before us, learned counsel for the appellants has not disputed the fact, that the controversy raised in Deep Chandra Tewari’s case (supra) is not different from the one which was subject matter of the Writ Petition (S/S) No. 194 of 2009. In the grounds of appeal also no such averment has been made. Thus viewed, there can be no dispute, whatsoever, that the controversy raised by the respondents in Writ Petition (S/S) No. 194 2 of 2009 was identical to the one adjudicated upon by this Court while disposing of Deep Chandra Tewari’s case (supra). According to learned counsel for the appellants, the instant special appeal has been preferred on account of the fact, that a petition for Special Leave to Appeal has been filed by the State of Uttarakhand, so as to assail the order passed in Deep Chandra Tewari’s case (supra), wherein the order passed by this Court in Deep Chandra Tewari’s case (supra) has been stayed by the Apex Court. It is, therefore, submitted, that the outcome of the controversy in Writ Petition (S/S) No. 194 of 2009 should be determined on the basis of the outcome of the petition for Special Leave to Appeal preferred by the State of Uttarakhand against the Judgment rendered in Deep Chandra Tewari’s case (supra). Learned counsel for the respondents, Mr. Bhagwat Mehra states, that he has no objection if the order passed by this Court, disposing of Writ Petition (S/S) No. 194 of 2009, is clarified to read that the same shall be subject to any further decision on the matter as may be passed by the Supreme Court in the petition for Special Leave to Appeal preferred against the order passed in the Deep Chandra Tewari’s case (supra). In view of the above, the instant special appeal is disposed of with a direction, that the order passed on 06.04.2009, disposing of Writ Petition (S/S) No. 194 of 2009, will be subject to the final decision, which may be passed by the Supreme Court while disposing of the petition for Special Leave to Appeal preferred by the State of Uttarakhand against the order rendered by this Court in Deep Chandra Tewari’s case (supra). In view of the fact, that an interim order has been passed by the Supreme Court, staying the operation of the order passed by this Court in Deep Chandra Tewari’s case (supra), the order passed by this Court on 06.04.2009 disposing of Writ Petition (S/S) No. 194 of 2009 shall remain in abeyance till the final decision of the matter by the Supreme Court against the decision rendered by this Court in Deep Chandra Tewari’s case (supra). The instant special appeal stands disposed of in the aforesaid terms. (Sudhanshu Dhulia, J.) (J.S. Khehar, C. J.) 04.03.2010 04.03.2010 Amit