2026:UHC:4519-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY SPECIAL APPEAL NO. 209 OF 2026 8TH JUNE, 2026 Rakesh Kumar Saha …… Appellant Versus Commissioner & Secretary, Board of Revenue, Uttarakhand & others …… Respondents Counsel for the appellant : Mr. S.S. Yadav, learned counsel Counsel for the respondents : Mr. Gajendra Tripathi, learned Standing Counsel with Mr. Mohinder Singh Bisht, learned Brief Holder for the State / respondents Nos. 1, 2, 3, 5 & 7 The Court made the following: JUDGMENT: 1) Present intra-court appeal is directed against the order of learned Single Judge dated 27.05.2026, passed in WPSS No. 1147 of 2026, titled as “Rakesh Kumar Saha Vs Commissioner & Secretary and others”, which is as follows. 1 2026:UHC:4519-DB “Mr. S.S. Yadav, Advocate for the petitioner. Mr. K.N. Joshi, Deputy Advocate General for the State. 2. Learned State Counsel assures that he would be filing counter affidavit positively within two weeks. 3. List on 15.06.2026. 4. In case, counter affidavit is not filed before next date of listing, S.D.M. concerned shall appear in Court along with entire records of the case. 5. In the meantime, it shall be open to petitioner to join duties at Uttarkashi without prejudice to his rights and contentions.” 2) In the writ petition the appellant had challenged the order of his transfer. According to the petitioner, his attachment at District Uttarkashi which is beyond the region in which he was earlier posted, is not permissible under the transfer rules and, therefore, the Single Judge erred in not granting interim relief to him. 3) As the matter is still being examined by Single Judge and next date fixed is 15.06.2026, and the Single Judge has already called for counter-affidavit and, in the event it is not filed, has directed the S.D.M. concerned to appear in Court along with entire records, we found no good ground to interfere with the same at this stage. 2 2026:UHC:4519-DB 4) The special appeal is, accordingly, dismissed with liberty to the petitioner to raise all his pleas before the Single Judge. 5) Pending application(s), if any, also stand disposed of. _______________________ MANOJ KUMAR GUPTA, C.J. _________________ SUBHASH UPADHYAY, J. Dt: 8TH JUNE, 2026 Negi 3 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d5 757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C 18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2026.06.09 10:43:56 +05'30'