IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1374 of 2008 (M/S) Virendra Singh … Petitioner Versus State of Uttarakhand, through Secretary Revenue, Dehradun and others. ... Respondents Mr. Ajay Veer Pundir, learned counsel for the petitioner. Mr. R.C. Arya, learned Brief Holder for the State of Uttarakhand / respondents. 29th April, 2009 Hon’ble Sudhanshu Dhulia, J. This petition has been filed by the petitioner with the following prayers:- “(1) issue a writ, order of direction in the nature of mandamus commanding/directing the respondents to start to the consolidation proceedings in accordance with law in the Village Jhabiran Jatt, Tehsil Roorkee, district Haridwar. (2) issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner. (3) cost of the petitioner be awarded in favour of the petitioner.” Learned counsel for the petitioner submits that the prayer for petitioner has stated that even though the consolidation proceedings were initiated vide notification dated 23.11.1991 for village Jhabiran Jatt, Tehsil Roorkee, district Haridwar under the U.P. Consolidation of Holdings Act, the matter has not proceeded since then. In the counter affidavit filed by the State has alleged that the consolidation proceedings could not start even after the notification because there was an ad interim stay order which has been granted by the Allahabad High Court on 14.09.1991 in Writ Petition No. 1059 of 1992. This is the sole ground taken by the State for not initiating the proceedings with the such matter. Mr. R.C. Arya, learned Brief Holder for the state of Uttarakhand states that the writ petition, in which the interim orders was passed, has been transferred to this High Court has been dismissed for non prosecution vide order dated 11.08.2008, as such, the interim order does not survive. In view thereof and also in view of the fact that nearly twenty years have elapsed since the notification it is in the best interest the matter should be sent back to the Principle Secretary Revenue, Dehradun to look into the matter and pass appropriate orders. The writ petition is disposed of accordingly. No order as to costs. (Sudhanshu Dhulia, J) Dated: 29.04.2009 Virendra