IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2213 of 2010 (M/S) Waqf Mazar Garib Shah Miyan situated at Village Bhagchuri, Tehsil Khatima Udham Singh Nagar … Petitioner Versus State of Uttarakhand and others … Respondents Mr. S.K. Mandal, Advocate for the petitioner. Mr. P.C. Bisht, Brief Holder for respondents 1,2,3,5 & 6. Mr. A.D. Tripathi, Advocate for respondent No.4. (Hon’ble B.S. Verma, J.) Heard Mr. S.K. Mandal, Advocate for the petitioner, Mr. P.C. Bisht, Brief Holder for respondents 1,2,3,5 and 6 and Mr. A.D. Tripathi, Advocate for respondent No.4. By means of this petition the petitioner has sought the following relief- (I) To issue a writ, order or direction in the nature of certiorari calling the records and quash the impugned order dated 18- 12-2010, passed by respondent No.5 (contained in Annexure No.1 to the writ petition). (II) To issue a writ in the nature of mandamus directing and commanding the respondents not to use the criminal force against the vendors who are holding the weekly haat bazaar at open place of Mazar Garib Shah Miyan situated in Village Bhagchuri, Tehsil Khatima, District Udham Singh Nagar. During the course of argument learned counsel appearing on behalf of the petitioner has submitted that the S.D.M. Khatima has passed the impugned order without giving an opportunity of hearing to the petitioner and the S.D.M. Khatima may be directed to pass fresh order after hearing the petitioner. Prayer made is innocuous. The S.D.M. Khatima/respondent No.5 is directed to give an opportunity to the petitioner to file objection and thereafter pass fresh order in accordance with law after hearing the petitioner. Till the fresh order is passed by the respondent No.5, the impugned order shall be kept in abeyance. 2 With the aforesaid direction the writ petition is disposed of finally. Dated: 28-12-2010 (B.S. Verma, J. ) ISB