HIGH COURT OF UTTRANCHAL AT NAINITAL Writ Petition No. 957 of 2005 (MS) 1. Sri Gyan Singh S/o Sri Uday Singh, Village Kimoli, Patti Gurubhandhan, Tehsil Tharali, District Chamoli 2. Smt. Gangeshi Devi W/o late Gaber Singh, Village Gurubhandhan, Tehsil Tharali, District Chamoli 3. Smt. Jaireen Verma W/o Sri R.N. Verma, Gardan Colony, State Sugar Corporation Unit Doiwala, Dehradun .......... Petitioner Versus 1. First Additional Civil Judge, Junior Division, Dehradun 2. Sardar Gurvachan Singh Raina S/o Bhagwan Singh. R/o 2/1-A Govind Nagar Race Course, Dehradun ........ Respondents Sri Tanuj Semwal, Advocate for the petitioners Standing counsel for the respondents. Dated: 14.6.2006 Hon’ble Rajesh Tandon, J. Heard Sri Tanuj Semwal counsel for the petitioner and Standing counsel for the respondents. By the present writ petition, the petitioners have prayed for a writ of certiorari quashing the order-dated 2.8.2005 passed by the respondent no. 1 as well as commission report dated 9.7.2002. According to the petitioner on 23.5.2002 Civil Judge (JD) Dehradun appointed a Commissioner and directed him to inspect the spot in presence of the parties and thereafter submit his report. The grievance of the petitioners is that the Vakil 2 Commissioner inspected the spot in their absence and submitted ex pare report. No interference is required under Article 226/227 of the Constitution of India. However, liberty is given to the petitioners to move objections as well as for the issue of fresh commission before the trial court within a month after obtaining certified copy of this order, which shall be decided within three weeks thereafter by a reasoned order. Subject to the observations made above, writ petition is disposed of. No order as to costs. Dated: 14.6.2006 Rajesh Tandon, J. *Dhyani