JUDGMENT : (Vivek Bharti Sharma, J.) : Present petition under Article 227 of The Constitution of India has been filed by the petitioner being aggrieved by part of order dated 08.07.2024 whereby the Commissioner Kumaon, Nainital has not considered the interim application filed by the petitioner while admitting the Appeal No. 58/ 2023-24. 2. Learned senior counsel appearing for the petitioner/plaintiff would submit that the petitioner/plaintiff purchased the property in question by the way of a registered sale deed dated 28.06.2021 for residential purpose; that a report was submitted by the Sub Inspector to Joint Magistrate/Assistant Collector Class Ist, Ranikhet, dated 09.05.2022, whereupon Revenue Case no. 23 of 2021-22 was registered under Section 167 of UPZA & LR Act 1950; that, vide order dated 24.06.2024 Assistant Collector Ist Class Ranikhet in Revenue Case directed vesting of the residential land of petitioner/plaintiff in Government; that, being aggrieved, petitioner filed Revenue Appeal No.58 of 2024 in the Court of Commissioner Kumoan, Nainital on 26.06.2024; that along with the appeal the petitioner/plaintiff also filed an interim application to stay the effect and operation of the impugned order dated 24.06.2024; that, the appeal came up for hearing on 08.07.2024 but the learned Commissioner did not pass any order on the interim application and simply admitted the appeal and fixed the case for hearing on 12.08.2024, hence, this Petition. 3. Learned counsel for the petitioner/appellant would submit that the petitioner/appellant would suffer irreparable loss and injury in case the residential house of the petitioner/appellant is occupied by the State. 4. Per Contra, the counsel for the State would submit that the present petition is filed prematurely at this stage as the Learned Commissioner on 08.07.2024 while admitting the appeal, has only fixed the next date of hearing to 12.08.2024 which is not very far; that it is not the case of the petitioner that the interim application is pending adjudication for a long time or it has been dismissed; that mere apprehension on part of petitioner that he may suffer irreparable loss within a week cannot be a ground to invoke the extraordinary jurisdiction of this Court at this stage. 5. This Court finds force in the submission made by learned State Counsel. In my opinion also, the next date fixed before the Commissioner is 12.08.2024, which is not too long. 5. This Court finds force in the submission made by learned State Counsel. In my opinion also, the next date fixed before the Commissioner is 12.08.2024, which is not too long. The petitioner/appellant is at liberty to urge the grounds taken in this petition before the learned Commissioner on the next date fixed. 6. In view of the above, there is no merit in the writ petition. Same is hereby dismissed in limine.