IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2128 of 2010(M/S) Hanuman prasad Sharma S/o Sri Banshidhar Sharma ..Petitioner Versus State of Uttarakhand and others .. Respondents Mr. B.S. Adhikari, learned counsel for the petitioner. Mr. P.C. Bisht, Brief Holder for respondent Nos. 1 to 4. Mr. Niranjan Bhatt, holding brief of Mr. Vinay Kumar Advocate for respondents 5 and 6. (Hon’ble B.S. Verma, J.) Heard Mr. B.S. Adhikari, Advocate for the petitioner, Mr. P.C. Bisht, Brief Holder for respondents 1 to 4 and Mr. Niranjan Bhatt, holding brief of Mr. Vinay Kumar, Advocate for the respondents 5 and 6. By means of this petition the petitioner has sought the following relief- (1) to issue a writ, order or direction in the nature of certiorari by quashing the impugned order dated 4-12-2010 (Annexure No.8) passed by Sub Divisional Magistrate, Bajpur, District Udham Singh Nagar. (2) to issue a writ, order or direction in the nature of mandamus directing the respondent/District Magistrate to consider the objection (Annexure-6) of the petitioner before passing the appropriate order. Learned counsel appearing on behalf of petitioner has submitted that the petitioner has filed the writ petition No. 1716 of 2010 (M/S) and this court vide order dated 30-09-2010 has dismissed the writ petition on the ground of alternative remedy and not on merit therefore the S.D.M. Bajpur be directed to consider the objection of the petitioner, before passing the appropriate order. The Sub Divisional Magistrate Bajpur, District Udham Singh Nagar, respondent No.3 is directed to take fresh decision in the matter after considering the objection of the petitioner (annexure No.6 to the writ petition), as per provision of Telegraph Act, within a period of two weeks, from the date of production of certified copy of this order. 2 Till the fresh decision is taken by the respondent No.3, the impugned order (Annexure No.8) shall remain in abeyance. With the aforesaid direction, the writ petition is disposed of finally. The certified copy of this order be supplied to the counsel for petitioner today itself on deposit of requisite fee. Dated: 16-12-2010 (B.S. Verma, J. ) ISB