IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 347 of 2010. Jagdish Prasad Son of Bachi Lal, Resident of village-Kodiya, Nazibabad Road, Kotdwar, District Pauri Garhwal. … Petitioner. Vs. 1. State of Uttarakhand through Secretary, Mines and Minerals Department, Dehradun. 2. Commissioner Garhwal Mandal, Pauri, District Pauri Garhwal. 3. District Magistrate, Pauri Garhwal. …Respondents. Mr. Raman Kumar Sah, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, learned Additional Chief Standing Counsel for the State. Date March 18, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the petitioner and perused the record. The only prayer made in this petition is that a direction in the nature of mandamus be issued to the respondent no.2-Commissioner, Garhwal Mandal, Pauri to decide the Appeal No. 2 of 2005 Jagdish Prasad Vs. Uttaranchal State pending before him expeditiously within a time frame. According to the petitioner, having been aggrieved by the order dated 31-10-2005 passed by the District Magistrate, Pauri Garhwal, the petitioner filed Appeal No. 2 of 2005 before the respondent no.2 on 22- 12-2005 under Rule 77 of the U.P. Up Khanij (Parihar) Rules 1963 read with Uttaranchal Khanij (Parihar) Rules, 2001. Despite 45 dates fixed in the appeal, hearing of the appeal has not yet been concluded and more than 4 years have elapsed since the filing of the appeal, which is still pending. In the above facts and circumstances, the respondent no.2- Commissioner, Garhwal Division, Pauri is directed to decide the Appeal No. 2 of 2005 filed by the petitioner, in accordance with law, expeditiously, preferably within a period of three months from the date of production of certified copy of this order. With the above direction, the writ petition is disposed of finally. (B.S.Verma,J.) RCP 2