JUDGMENT

K.S. Radhakrishnan, J.

1. We are, in this appeal, concerned with the legality of the direction given by a Division Bench of the High Court of Uttaranchal at Nainital to the State Government to pay an amount of Rs.70,99,951.50 with interest to the respondents, placing reliance on an inter-departmental communication sent by the District Magistrate, Haridwar to the Secretary, Government of Uttar Pradesh.

2. The State of Uttaranchal (the State which has interest now) submits that the above direction was given overlooking several important and vital documents which have considerable bearing for a proper and just determination of the dispute. Further, it was also pointed out that the High Court had failed to notice that even the inter-departmental communication was found to be improper by the Government of Uttar Pradesh.

3. Mr. S.S.Shamshery, learned counsel appearing for the State of Uttaranchal referred to the pleadings of the parties, documents produced and submitted those relevant facts were not taken into consideration by the High Court while granting relief to the respondents causing serious prejudice to the State.

4. Mr. Rakesh Khanna, learned counsel appearing for the