IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1442 of 2008 (M/S) Ram Kumar Kansal, S/O Sri Naresh Chandra Kansal, R/O Shivalik Enclave Lane-I, Kargi, District Dehradun. …… Petitioner. Versus Mussoorie Dehradun Development Authority through its Secretary 12, Pritam Road, District Dehradun. … Respondent. Sri S.K.Jain, learned counsel of the petitioner. Sri S.Dhulia, Senior Advocate, with Sri Rahul Consul, learned counsel for the respondent-MDDA. Date August 19, 2008 Hon’ble B.S.Verma, J. (Stay Application No. 5346 of 2008) Heard learned counsel for the parties and perused the record. This writ petition has been filed for the following reliefs:- (i) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 21-7-2008 and 31-7- 2008 passed by Secretary of the respondent and the Commissioner, Dehradun respectively contained as Annexure No. 5 and 8 to the writ petition. (ii) Issue any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. (iii) Award the cost of present writ petition to the petitioners. From a perusal of the record, it is obvious that by the impugned order dated 21-7-2008 passed by the Secretary, M.D.D.A. Dehradun, demolition order was passed for demolition of Illegal construction made by the petitioner. The petitioner having been aggrieved by the said order, preferred an appeal before the Commissioner vide Annexure No. 6, which was registered as M.D.D.A. Appeal No. 84/2007-08, Sri Ram Kumar Kansal Vs. M.D.D.A. The grievance of the petitioner is that the appeal has already been admitted for hearing by the learned Commissioner, but no interim order has been passed, therefore, if the demolition order is not suspended during the pendency of appeal, the petitioner would suffer serious civil consequences and the very purpose of appeal would be frustrated. The appeal preferred by the petitioner is fixed for final hearing by the learned Commissioner on 26-8-2008. If possible, the learned Commissioner shall hear the appeal No. 84/2007-08 on the same day or shall decide the same expeditiously as far as possible, preferably within a period of eight weeks from the date of production of certified copy of this order. Till the disposal of appeal, both the parties shall maintain status quo. With the above direction, the writ petition is disposed of finally. Costs easy. Certified copy of this order be given today to the learned counsel for the petitioner on payment of usual charges. (B.S.Verma, J.) RCP 2