IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 214 OF 2009 (MS) Yusuf Khan …………Petitioner. Versus State of Uttarakhand & Ors. ……Respondents. Mr. S.N. Babulkar, Sr. Advocate assisted by Mr. Ravi Babulkar, Advocate for petitioner. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for State of Uttarakhand. 15th April, 2009 Hon’ble Sudhanshu Dhulia, J. The petitioner has challenged the order dated 22.1.2009 passed by the District Magistrate, Pithoragarh/respondent no. 2 by which the proceedings were initiated against the petitioner for his removal from the property in dispute situated in district Pithoragarh. 2. The petitioner claims that under the law presently applicable in the State of Uttarakhand and in view of the Government Order dated 4.8.2005, the disputed property /land is liable to be converted into a free-hold property in the name of the petitioner. The petitioner also contends that Smt. Mohani Devi, who was the wife of erstwhile lease-holder has also executed a Will in favour of the petitioner and even on the basis of the Will, the petitioner is entitled to get the benefit of the same. 3. This court is not giving any finding on the merit of the petition, however, this Court is satisfied to the extent that the claim of the petitioner at least is liable to be heard by the District Magistrate by giving him an opportunity of hearing before he is evicted from the property in dispute. The District Magistrate / Collector, Pithoragarh / respondent no. 2 is directed to hear the grievance of the petitioner and pass a speaking order on the same based on the relevant government orders and the law applicable in the State of Uttarakhand as expeditiously as possible. It is further directed that till the disposal of the application of the petitioner, the petitioner shall not be evicted from the property in dispute. 4. With the aforesaid direction, writ petition is disposed of. No order as to costs. 5. Let the copy of this order be issued today. (Sudhanshu Dhulia, J.) 15.4.2009 Rathour