IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No. 315 of 2010 In Writ Petition (M/S) No. 119 of 2010 1. Sanjay Bansal, Chairman Dev Bhoomi Institute of Technology, Navgaon, Manduowala, Chakrata Road, Dehradun. 2. Dev Bhoomi Institute of Technology, Navgaon Manduowala, Chakrata Road, Dehradun, through its Chairman. Petitioners. Versus 1. State of Uttarakhand through Secretary Technical Education Govt. of Uttarakhand Civil Secretariat, Dehradun. 2. The Sub Divisional Officer, Vikas Nagar, Dehradun. 3. The Registrar Uttarakhand Technical University, Dehradun. 4. Admission and Fee Regulatory, Authority, Uttarakhand. 5. The Appellate Authority (for admission and fee regulatory Authority Uttarakhand) 6. The Branch Manager Punjab National Bank Kaulagarh, Dehradun. Respondents. Mr. Ramji Srivastava, Advocate and Mr. Yogesh Sethi, Advocate for the petitioners. Mr. K.P. Upadhyay, Addl. C.S.C. for the State. Mr. M.C. Pande, Advocate for the respondent No.6. Date 15-02-2010 Hon’ble B.S.Verma, J. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari for quashing the order dated 22-12-2008 passed by the respondent No.1 (Annexure No.1) and order dated 6-1- 2010 passed by the respondent No.2 (Annexure No.4). So far as the first relief is concerned, the statutory appeal is pending before the Appellate Authority/respondent No.5. 2 The grievance of the petitioners is that during the pendency of appeal as has been directed in the order impugned dated 22-12-2008 contained in annexure No. 1 to the writ petition the amount of penalty is to be recovered from the Uttarakhand Technical University as arrears of land revenue. Learned counsel for the petitioners has contended that the respondent No.2 had issued a letter on 06-01-2010 contained in annexure No. 4 to the writ petition to the respondent No. 6 and it was directed that the respondent No. 6 prepared the bank draft amounting to Rs. 10 Lacs plus 10% collection charges and the same be sent to the office of respondent No.2. The learned counsel for the petitioners has vehemently contended that the appeal is still pending for disposal and till date no order has been passed in the aforesaid appeal even on the interim relief application. The purpose of the appeal would be frustrated if the amount is recovered. In the facts and circumstances of the case, it is directed that the appellate authority shall decide the appeal filed by the petitioners preferable within a period of six weeks from the date of production of certified copy of this order. The petitioners shall produce the copy of the order before the Appellate Authority within a week. Till the disposal of the appeal, penalty shall not be recovered from the petitioners. With the said observations, the writ petition is disposed of finally. All pending applications stand disposed of accordingly. (B.S. Verma,J) MK 15-02-2010