JUDGMENT :

(Vivek Bharti Sharma, J.) :

By means of this writ petition, petitioner seeks to issue a direction to the court of Chief Judicial Magistrate, Dehradun to decide the appeal no.836 of 2020 Billoo vs. Nagar Palika Parishad Mussorie as early as possible preferably on the next date fixed in the suit.

2. Learned counsel for the petitioner would submit that the petitioner is in peaceful possession of the property area 20.91 sq. mt. situated at Maisanik Lauz Bus Stand Mussoorie where the petitioner is running a small tea stall; that, the petitioner received a notice/order on 21.10.2020 issued by the respondent/Nagar Palika Parishad Mussoorie u/s 211 of Nagar Palika Act, 1916; that, against the said notice petitioner has filed an appeal before the court of learned C.J.M, Dehradun, which is pending adjudication.

3. Learned counsel would submit that the appeal was filed on 26.10.2020 and since then more than three years have elapsed but the appeal is still pending disposal.

4. Learned counsel for the respondent would submit that the interim injunction application filed by the petitioner along with the appeal has already been dismissed vide order dated 29.01.2021 and consequent thereto