2025:UHC:8642 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2769 of 2025 25 September, 2025 Charan Singh & others --Petitioners Versus Vimla Devi & others --Respondents --------------------------------------------------------------------- Presence:- Ms. Mansi Chauhan, learned counsel for the petitioners. Mr. Shobhit Saharia, learned counsel for respondent nos.1, 2 & 3. Mr. S.K. Nainwal, learned Standing Counsel for the State/respondent no.7. Ms. Anjali Bhargava, learned counsel for respondent no.8-Gram Sabha. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. 1. By means of the present writ petition, the petitioners seek the indulgence of this Court for a direction to the learned Commissioner, Kumaon Division, Nainital, to expedite the hearing of Z.A. Appeal No. C104481998285, particularly on the point of admission and stay application. 2. It is contended by the learned counsel for the petitioners that a revenue suit was filed by respondent nos. 1, 2, and 3 against the petitioners. The suit was decreed vide judgment and decree dated 30.08.2025 by the Assistant Collector, 1st Class / Parganadhikari, Bajpur, Tehsil Gadarpur, District Udham Singh Nagar. By the said judgment, the sale deed—on the strength of which the petitioners were in possession of the property—was declared null and void, and the petitioners/defendants were directed to hand over possession of the suit property to respondent nos. 1, 2, and 3 (plaintiffs). 3. Feeling aggrieved by the aforesaid judgment and decree passed by the learned Assistant Collector, the 2025:UHC:8642 2 petitioners/defendants filed Z.A. Appeal No. C104481998285 before the learned Commissioner, Kumaon Division, Nainital. Along with the appeal, a stay application was also filed on 03.09.2025. 4. The grievance of the petitioners/defendants is that the application for stay has not yet been considered by the learned Commissioner due to various reasons. Therefore, the petitioners have approached this Court seeking the relief mentioned in paragraph 1 of this judgment. 5. Learned counsel for respondent nos. 1, 2, and 3 informs this Court that the appeal is listed today for admission and for consideration of the stay application. 6. In view of the above, and considering that the Z.A. Appeal No. C104481998285 and the stay application filed on 03.09.2025 have not been heard till date, this Court finds it appropriate to direct the learned Commissioner, Kumaon Division, Nainital, to expedite the hearing of the stay application filed in the aforesaid appeal. The stay application shall be heard and decided expeditiously, and preferably within a period of fifteen days from the date of production of a certified copy of this order. 7. Present writ petition stands allowed accordingly. 8. Pending application, if any, stands disposed off accordingly. (Pankaj Purohit, J.) 25.09.2025 AK