ORDER Petitioners by way of filing the present writ petition under Article 226 of the Constitution of India have prayed for issuance of an appropriate writ/ order/ direction commanding upon the respondent No.2, the appellate authority under the Chotanagpur Tenancy Act to dispose of SAR Appeal No. 113 of 2013-14 filed by the petitioners and to pass appropriate order on the prayer for interim relief made by the petitioners. 2. Heard the learned counsel for the petitioners as well as respondents-State Government. 3. According to the petitioners, they have preferred an appeal under the provisions of Section 215(5) of the Chotanagpur Tenancy Act vide SAR Appeal No. 113 of 2013-14 along with prayer for interim relief. The said appeal is pending before the Deputy Commissioner, Ranchi. 4. Learned counsel for the petitioners has produced certified copy of the order-sheet which is filed along with supplementary affidavit to show that the said appeal was filed on 7.3.2013 and thereafter the matter was kept on 13.3.2013, 15.3.2013 and lastly on 20.3.2013. It appears that the learned Deputy Commissioner was busy with other administrative work as well as work relating to election of Municipal Corporation and therefore, he was not in a position to take up the appeal for hearing of admission. Under the circumstances, prayer with regard to grant of interim relief could not be considered and decided by the learned Deputy Commissioner till date. 5. Learned counsel for the petitioners, while referring Annexure-2 of the petition, pointed out that in the meantime vide notice/ order dated 9.3.2013 the Circle Officer, Nagri, Ranchi intimated the petitioners to remove the construction from the site and thereby, hand over the vacant possession. 6. Learned counsel for the petitioners, while referring para-13 of the petition, also pointed out that petitioners along with their family members are residing in the house existing over the lands under proceeding and therefore, if interim relief as prayed for in appeal will not be granted immediately, petitioners will be homeless and their appeal will become in-fructuous. Therefore, petitioners have no other option except to approach this Court by way of preferring this writ petition. 7. Therefore, petitioners have no other option except to approach this Court by way of preferring this writ petition. 7. As against that, learned counsel appearing for the respondents-State Government submitted that since the appeal is pending before the learned Deputy Commissioner, petitioners can approach the learned Deputy Commissioner for grant of interim relief and therefore, the writ petition filed by the present petitioners is not maintainable and deserves to be dismissed. 8. Considering the aforesaid rival submissions and on perusal of the materials placed on record, it transpires that petitioners have preferred SAR Appeal No. 113 of 2013-14 before the learned Deputy Commissioner, Ranchi. On perusal of the order-sheet, it appears that the learned Deputy Commissioner is not in a position to take up the appeal for hearing on account of certain administrative work as also the work relating to forthcoming election of the local body and therefore, the petitioners, who have made prayer with regard to grant of interim relief during the pendency of appeal, appears to be remediless as the learned Deputy Commissioner is not in position to give effective hearing and pass appropriate order/ interim order. It appears that the petitioner has received notice/ order dated 9.3.2013 from the Circle Officer, whereby they have been asked to remove the construction and hand over the possession to the Circle Officer and therefore, since the appeal is pending, interim protection is required to be granted in the present writ petition at least till the learned Deputy Commissioner takes up the appeal for consideration and question of interim relief as prayed for by the petitioners in appeal is dealt with and decided by the learned Deputy Commissioner. 9. In view of the above position, the present writ petition is allowed to the extent that the parties shall maintain status quo as on today with respect to property in question till the learned Deputy Commissioner takes up the SAR Appeal No. 113 of 2013-14 for hearing and considers the question with regard to grant of interim relief. Learned Deputy Commissioner shall take up the appeal, preferably within a period of one month from the date of receipt/production of a copy of this order, for hearing of admission and deciding the prayer with regard to grant of interim relief during pendency of appeal. Learned Deputy Commissioner shall take up the appeal, preferably within a period of one month from the date of receipt/production of a copy of this order, for hearing of admission and deciding the prayer with regard to grant of interim relief during pendency of appeal. It is further clarified that the learned Deputy Commissioner shall decide the said prayer considering the merit of the case and without being influenced by the order passed by this Court in the present writ petition. 10. With the aforesaid observation and direction, this writ petition stands disposed of. 11. Let the order be communicated through FAX to the learned Deputy Commissioner, Ranchi at the cost of the petitioners. Petition disposed of.