IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P. No.1272 of 2010. Decided on: 9.4.2010 Vipin Kumar ….Petitioner Versus State of HP & ors. …Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner: Mr. R.L. Chaudhary, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr. J.K. Verma, Dy. AG for respondents 1 to 4. Justice Kurian Joseph, C.J. (Oral) Writ petition has been filed with the following prayers: (i) That writ in the nature of certiorari may kindly be issued, quashing and setting aside the impugned order dated 23.3.2010 by which interim application and appeal has been decided by Respondent No.2 in appeal without appreciating the record of the trial court and without providing any opportunity of being heard to the caveat petitioner. (ii) That writ in the nature of mandamus may kindly be issued, directing the respondent No.2 to pass the order in interim application as well as in appeal of respondent No.5 after providing opportunity of being heard to the caveat petitioner and in the light of record of the trial court since in appeal, new facts can not be taken on record as per law of appeal. In the nature of the order, we propose to pass, we do not think it necessary to refer to the various contentions on merits. The main grievance of the petitioner is that despite lodging caveat before the second respondent, Divisional Commissioner, he was not afforded an opportunity when the appeal filed by the fifth respondent was heard by the second respondent. He was not afforded opportunity of hearing is not in dispute. Therefore, only on that ground, we set aside the order passed by second respondent and remit the matter to second respondent to consider the matter afresh for affording opportunity of hearing to the petitioner also. Petitioner and fifth respondent will appear before the second respondent on 20.4.2010. Divisional Commissioner shall pass orders as above within another two weeks. Status quo obtaining as to the position of the petitioner shall continue and fifth respondent shall not take any major policy decision till such time. Copy Dasti. (Justice Kurian Joseph), Chief Justice April 9, 2010(s/sl) ( Justice R.B. Misra ), Judge