UKHC010083862026 2026:UHC:5076-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Special Appeal No.178 of 2026 19th June, 2026 Roop Singh Bothiyal -----Appellant Versus State of Uttarakhand and Another ----Respondents -------------------------------------------------------------------------- Presence:- Mr. Abhijay Negi, learned counsel for the appellant. Mr. J.C. Pandey, learned Standing Counsel for the State of Uttarakhand. -------------------------------------------------------------------------- ORDER: 1. In pursuance of order of learned Single Judge dated 18.04.2026 in the writ petition filed by the appellant, the respondents have decided his representation and have rejected his claim for promotion. 2. Shri Abhijay Negi, learned counsel for the appellant seeks permission to withdraw the appeal and to challenge the order dated 19.05.2026 passed on his representation in independent proceedings. He submits that the observation made by the learned Single Judge while directing the respondents to decide his representation may not be taken to be final or be read against the appellant. 3. Having regard to the fact that the representation has already been decided, we permit the appellant to withdraw the appeal and to challenge the said order in independent proceedings. 1 UKHC010083862026 2026:UHC:5076-DB 4. In case any challenge is made to the order dated 19.05.2026, the same will be examined on its own merits without being influenced by any observation made by learned Single Judge in its order dated 18.04.2026 while directing the department to decide the representation. 5. Accordingly, the appeal is dismissed as withdrawn. 6. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 19.06.2026 SS 2