HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1224 of 2010 (M/S) Laxman Bhartiya Vidhyalaya Trust .…Petitioner Versus State of Uttarakhand & others ...Respondents Mr. Jitendra Chaudhary, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State/respondents. Hon’ble V.K. Bist, J. Present writ petition has been filed by the petitioner for the following reliefs:- 1. To issue a writ, order or direction in the nature of certiorari, calling for the record and quashed the impugned order dated 24.04.2010 (Annexure-1) passed by respondent no.3 i.e. Sub- Registrar. 2. To issue a writ order or direction in the nature of mandamus directing the respondent no.2 and 3 not to interfere in the peaceful working of the petitioner society. 3. Or alternatively to issue a direction or order to the respondent no.4 i.e. Commissioner, Garhwal Mandal Pauri Camp Office, Dehradun that he may decide stay application by a speaking order on the next date of hearing of the Appeal No. /2010. 4. Or pass any other order or direction which Hon’ble Court may deem fit and proper in the circumstances of the case. 5. To award the cost of this petition to the petitioner. 2 Learned Standing Counsel raised preliminary objection that the writ petition filed by the petitioner against the order dated 24.04.2010 is not maintainable in view of the fact that petitioner has already filed an appeal before the respondent no.4-Commissioner, Garhwal Mandal, Pauri under Sub Section (2) of Section 12(d) of Societies Registration, Act, 1860. At this, the learned counsel for the petitioner submitted that the petition filed by the petitioner may be disposed of with a direction to the Commissioner, Garhwal Mandal, Pauri to decide the stay application of the petitioner on the next date fixed. This prayer was not opposed by the learned Standing Counsel. In view of the aforesaid fact, the writ petition is disposed of with a direction to respondent no.4- Commissioner, Garhwal Mandal, Pauri to decide the stay application of the petitioner on the next date fixed i.e. 22.07.2010 by a speaking order. With these observations, the writ petition is disposed of. Stay application no.5743 of 2010 also stands disposed of. (V.K.Bist. J,) 16.07.2010 Arti 3