IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 855 OF 2001 (M/S) (Old No. 40462 of 1992) Akhtar …………….Petitioner. Versus The Collector, Haridwar and others. …………….Respondents. Mr. Lok Pal Singh and Mr. Rajendra Singh, learned counsel for the petitioner. Mr. H.M. Raturi, learned Standing Counsel for the respondents no. 1 and 2. Mr. Ajay Veer Pundir, learned counsel for the respondent no. 3. 25 th July, 2008 Hon’ble P.C. Verma, J. By means of present writ petition, the petitioner has challenged the orders dated 30.8.1991 and 30.7.1992 (contained as Annexures No. II and III to the writ petition) passed by the respondents no. 2 and 1 respectively. 2. Brief facts of the case are that the petitioner was allotted agricultural plot No. 431 area 0.164 acre situate at Village Landhaura Town Area Committee in 1375 Fasli by the aforesaid Land Management Committee and has been in continuous possession of the aforesaid plot of land on the basis of said allotment as Asami. The said patta of the petitioner as Asami was cancelled by the Sub Divisional Officer, Roorkee by an ex parte order dated 26.12.1989 under Section 123-A of the U.P. Act No. I of 1951. Thereafter, on the report of the Lekhpal dated 5.11.1990, on 30.8.1991, the Collector Haridwar passed an order, whereby the petitioner was directed to be evicted from the land in dispute Khata No. 431 area 0.164 Naveen Parti Land, Gram Samaj and imposed a penalty of Rs. 390/- and also directed to recover a sum of Rs. 5/- towards litigation expenses. 3. Against the said order, the petitioner filed a revision being Revision No. 40 of 1992. The revision was also dismissed by the revisional Court on 30.7.1992. 4. Heard learned counsel for the parties. 5. The petitioner is directed to file a suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act before the Sub Divisional Magistrate concerned. The SDM concerned after deciding the question under Section 133-A of the U.P. Act No. 1 of 1951 shall decide as to whether the suit is triable by him or as to whether the land is agricultural or not or the matter is triable by the Civil Judge or not. Thereafter, if he comes to the conclusion that it is an agricultural land, he shall decide the suit under Section 229-B, but if he comes to the conclusion that it is an Abadi Land, he shall send the matter before the Civil Judge for declaration of title. The trial Court/Competent Court shall determine the title within a period of six months from today and for a period six months, the petitioner shall not be evicted from the land in dispute and the find imposed upon the petitioner shall also remain suspended. 6. With the aforesaid observation, writ petition is disposed of finally. No order as to costs. (P.C. Verma, J.) 25.7.2008 Rathour