IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1084 of 2008 (M/S) Nadim Ahemad, S/o Rahies Ahemad, R/o Rajmahal Hotel Compound, Mallital, Nainital. …… Petitioner. Versus State of Uttarakhand through Chief Secretary, Government of Uttarakhand, Dehradun and others. … Respondents. Sri H.S. Dhillon, learned counsel for the petitioner. Sri U.K. Uniyal, Senior Advocate with Sri Shobhit Saharia, learned counsel for the respondent Nos. 2 and 3. Sri K.P. Upadhyay, learned Additional C.S.C. for the State. Date July 08, 2008. Hon’ble B.S.Verma, J. Sri H.S. Dhillon, learned counsel for the petitioner, Sri K.P. Upadhyay, learned Additional C.S.C. for the State and Sri U.K. Uniyal, Senior Advocate with Sri Shobhit Saharia, learned counsel for the respondent Nos. 2 and 3. Heard learned counsel for the parties. Admit. The present writ petition has been filed by the petitioner for the following reliefs:- (i) To issue a writ or direction in the nature of mandamus commanding the Respondents to grant time to the petitioner upto 5.8.2008 to vacate the said premises in question on humanitarian ground. (ii) To mould and issue any other writ, order or direction which this Hon’ble Court deems just and proper in the circumstances of the case. The petitioner has also filed the supplementary affidavit to this fact and it has been stated in Para 3 of the supplementary affidavit that:- “That the petitioner is hereby giving undertaking to this Hon’ble court that the petitioner will vacate the said premises himself by 5-8-2008 and petitioner will not prefer under appeal as provided under the Uttarakhand Special Area Development Authority Act, 1986”. In view of the undertaking made by the petitioner as mentioned in the paragraph 3 of the supplementary affidavit and the prayer made in the writ petition, the writ petition is allowed. However, the petitioner is given time upto 15.8.08 to handover the peaceful and vacant possession to the respondent authority for being sealed in compliance of the impugned notice dated 28.6.08. All pending applications stands disposed of. (B.S. Verma, J.) 8-7-2008 MK