IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 718 of 2008 (M/S) Udaibhan S/O Late Sri Trilok Chand, R/O House-610, Ramnagar, Roorkee, Tehsil Roorkee, District Haridwar. …… Petitioner. Versus Sher Dil Mehandiratta, S/O Late Trilok Chand Mehandiratta, R/O 12/1 Chanderpuri, Roorkee, District Haridwar and another. … Respondents. Sri Ajay Veer Pundir, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Addl. C.S.C. for the respondents no.2. Date April 29, 2008. Hon’ble B.S.Verma, J. Heard Sri Ajay Veer Pundir, learned counsel for the petitioner as well as learned Additional Chief Standing Counsel for the State. Learned counsel for the petitioner is permitted to array the Commissioner, Garhwal Division, Pauri as respondent no.2 to the writ petition. The amendments be incorporated during the course of the day. This writ petition has been filed for issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 11-01-2008 passed by Chairman/Commissioner, Pauri Garhwal (contained in Annexure No.2 to the writ petition) and consequential order dated 26-1-2008 passed by Prescribed Authority/S.D.M., Roorkee, District Haridwar (contained in Annexure No.3 to the writ petition). Briefly stated, an appeal has been filed by the respondent no.1 before the respondent no.2 against the order dated 16-11-2006 passed by the Prescribed Authority/S.D.M. Roorkee, whereby the map for construction of house was sanctioned. 2 According to the petitioner, the respondent has no locus to file the appeal. The petitioner instead of filing a recall application before the learned Commissioner has filed the present writ petition. Petitioner had alternate remedy to move an application before the Commissioner for recalling the earlier order dated 11-1-2008, which was passed in the absence of the petitioner. After the stay vacation application is filed, the learned Commissioner shall decide the application expeditiously, preferably within a period of two weeks from the date of production of certified copy of this order along with the stay vacation application. Till the decision on the stay vacation application, the order dated 11-01-2008 passed by the respondent no.2 shall be kept in abeyance. With the above observations, the writ petition is disposed of finally. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 3 4 5 6