IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 42 of 2006 Ram Sevek S/O Shri Ganpat Singh and two others. … Petitioners. Versus State of Uttaranchal through Collector, Udham Singh Nagar and another …. Respondents Shri Sudhir Kumar Chaudhary, learned counsel for the petitioners. Sri Sudhir Kumar, Brief Holder for the respondents. Date January 09, 2009. PC ; Hon’ble B. S. Verma, J. By means of this writ petition, the petitioners have sought a writ of certiorari quashing the impugned order dated 28- 09-2005 (Annexure No. 4 to the writ petition) passed by the Commissioner, Kumaun Division, Nainital, in Misc. Ceiling (Cancellation of Patta) Case No. 116/2004-05, State of Uttaranchal through Collector, Udham Singh Nagar Vs. Ram Sevak and others. Prayer for mandamus of this Court directing the respondent no. 1 – State not to dispossess the petitioners from the property in dispute during the pendency of restoration application in aforesaid matter. By the impugned order, the respondent no. 2- Commissioner cancelled the lease (Patta) granted in favour of the petitioners and directed that the land shall vest with the State. The order dated 22-4-1998 and 16.3.1999 passed by the Consolidation Officer, Kashipur were also set aside. The grievance of the petitioners is that the order (copy Annexure No. 4) was passed on the Miscellaneous Case No. 116 of 2004-05 without hearing the petitioners by the Commissioner. When the order dated 28-09-2005 came to the notice of the petitioners, immediately thereafter, the restoration application was filed by them, which is pending. Without deciding the restoration application, there is apprehension to the petitioners that they may be evicted. On 18-01-2006, the petitioners were directed by this Court to file application before the Commissioner, Kumaun Division, Nainital within three days from 18-1-2006 in Misc. Case No. 116 of 2004-05 for expeditious disposal of the restoration application as well as stay application and the Commissioner- respondent no. 2 was directed to dispose of the said application expeditiously within 15 days from the date of receipt of the order. In the above facts and circumstances of the case, even if the restoration application as well as the stay application are still pending, the learned Commissioner, Kumaun Division Nainital shall decide the said application expeditiously, without further delay in the matter. The petitioners would be at liberty, if they are so advised, to assail the order of the learned Commissioner passed on restoration application or the earlier order dated 28-9-2005, impugned in this writ petition, if cause of action survives after disposal of the restoration application. With the said observations, the writ petition is disposed of finally. Costs easy. (B. S. Verma, J.) RCP