IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1056 of 2005 (M/S) With Stay Application No. 2894 of 2006 Smt. Panna Devi w /I Sri Uttam Kumar R/o Village Dhungsil Sha, Patti Pandey Gaon, Tehsil & District Nainital. .......Petitioner. Versus 1. State of Uttaranchal through Collector, Nainital 2. Assistant Collector, First Class/ Sub Divisional. Magistrate, Nainital ......Respondents. Mr. M.S. Pal, Senior Advocate assisted with Sri Mahesh Chandra Pant, Sukhdeo Singh and D.N. Sharma learned counsel for the petitioner. Sri R.C. Arya, learned Brief Holder for the State-respondent. Date: - November 11, 2008. Hon’ble B.S. Verma, J. Heard Sri M.S. Pal, Senior Advocate assisted with Sri Mahesh Chandra Pant and Sri D.N. Sharma, learned counsels for the petitioner. By means of this writ petition, the petitioner has sought a writ to set aside order dated 25.8.2005 (Annexure No. 2) passed by the respondent no.2 whereby operation of order dated 26.8.2003 (Annexure No. 5) passed in Suit No. 22/4 of 2002-03 (Smt. Panna Devi Vs. State of Uttaranchal was stayed till the hearing of application, which was moved by the State Counsel Revenue along with application under Section 5 to set aside the earlier order dated 26.8.2003. The learned counsel for the petitioner informed to the Court that the application is pending for disposal before the Assistant Collector / Pargana Adhikari, Nainital and according to the petitioner the order was passed on the basis of the Tehsildar’s report and after hearing the opposite party, and there is no illegality in the order passed on 26.8.2003 in favour of the petitioner for exchanging the land. Since the application is pending for disposal it is to be decided by the court concerned whether the application is maintainable or not or the order can be set aside or not. The respondent no.2 is directed to decide the application on merit after hearing both the parties. The writ petition is disposed of with the direction that the respondent no. 2 shall decide the application moved by the respondent no. 1 as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order, if pending for disposal. Interim order dated 21.9.2005 passed by this Court stands vacated. All pending applications stand disposed of accordingly. (B.S. Verma, J.) Dated: 11.11.2008 RMY