IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 200 of 2011 Smt. Zahra Begum W/o Faqeer Mohammad, R/o Village Barkherha Pandey, Tehsil Kashipur, District Udham Singh Nagar. ………….. Appellant Versus 1. State of Uttarakhand through Secretary, in the Department of Social Welfare, Dehradun. 2. Principal Secretary in the Department of Social Welfare, Govt. Secretariat, Dehradun. 3. Collector of District Udham Singh Nagar. 4. Smt. Nazish Jahan W/o Shri Akhtar Hussain, R/o Barkerha Pandey, Tehsil Kashipur, District Udham Singh Nagar. .…...……. Respondents Present: Mr. Tanveer Alam Khan, Advocate for the appellant. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State/respondent Nos. 1 to 3. Mr. B.S. Adhikari, Advocate for respondent No.4. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble V.K. Bist, Judge Date: 6th September, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) In a writ petition filed by the private respondent, it was contended that the appellant is not a member of Other Backward Class community. On that writ petition, a direction was given upon the District Magistrate to consider and decide the said contention of the private respondent. Accordingly, District Magistrate decided the said contention. The decision of the District Magistrate is the subject matter of challenge in a writ petition filed by the appellant. On the said writ petition, the appellant sought for an interim order. That was not granted on 25th August, 2011. 2 2. We feel that in view of the question gone in by the District Magistrate, refusal to grant an interim order was not such exercise of discretion which can be called in question by filing the present appeal. 3. We, accordingly, refuse to entertain the appeal but at the same time request the learned Judge before whom the writ petition is pending to expedite the hearing of the writ petition, inasmuch as, by reason of the decision of the District Magistrate, the election of the appellant to the post reserved for Backward Class communities may be affected. (V.K. Bist, J.) ( Barin Ghosh, C.J.) 06.09.2011 06.09.2011 P. Singh