IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 921 of 2005 (M/S) Sunit Kumar Mathur, S/o Late Manmohan Mathur, R/o Mohalla Patelnagar, Tehsil Kashipur, Distirct Udham Singh Nagar ………..Petitioner Versus Additional Commissioner, Kumaon Division, Nainital and seven others. ………. Respondents Sri Ram Ji Srivastava, learned counsel for the petitioner. Sri Sudhir Kumar, learned Brief Holder for the State – respondent Date: - December 11, 2008. Hon’ble B.S. Verma, J. Heard learned counsel for the parties. By means of this writ petition, the petitioner has sought writ, order or direction in the nature of certiorari calling for the records and setting aside the impugned judgment and order dated 25.1.2005 (Annexure No. 8 to the writ petition) passed by Additional Commissioner, Kumaon Division, Nainital- respondent no. 1 in Revision no. 64/20 of 2003-2004 (Krishna Kumar and others Vs. Sunit Mathur and others) whereby the learned Additional Commissioner reframed the issue of maintainability of the suit, i.e. whether the suit for declaration is barred by Section 34 (5) of the U.P. Land Revenue Act and remanded back to Trial Court to decide the issue as fresh and also to consider whether the application, which was moved under Section 201 of the U.P. Land Revenue Act by the petitioner, shall satisfy the requirement of Section 34(5) of the U.P. Land Revenue Act. Learned counsel for the petitioner has contended that the suit is maintainable because he has filed application under section 201 of the U.P. Land Revenue Act for recalling that order. This issue has to be decided by the Trial Court whether the suit is barred by Section 34 (5) of the Act or not. I find no error in the impugned Judgment. The writ petition being devoid of merit is liable to be dismissed. The writ petition is dismissed. After hearing the petitioner the Trial Court shall decide the issue afresh independently on merit. Interim order dated 25.8.2005 vacated. All the pending applications stand disposed of accordingly. Dated :- 11.12.2008 (B.S. Verma, J.) RMY