IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 413 of 2002. Gurubachan Singh and four others. … Petitioners. Vs. Additional Chief Revenue Commissioner and another. …Respondents. Sri M.C.Kandpal, Senior Advocate, assisted by Sri S.S. Chaudhary, learned counsel for the petitioners. Sri R.C.Arya, Brief Holder, of the State for respondent no. 1. Sri Sudhir Kumar, learned counsel for the respondent no. 2. Date November 03, 2008. P.C.: Hon’ble B.S. Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ, order or direction to set aside the judgment and order dated 15-5- 2002, passed by Additional Chief Revenue Commissioner, Circuit Court Uttaranchal, Nainital, in revision, under Section 219 of the Land Revenue Act, which was filed against the order dated 27-12-1999, passed by Additional Commissioner, Kumaun Division. The writ petition was allowed on 30-7-2008 and the order dated 27-12-1999 passed by the Additional Commissioner was maintained. A review application was moved by respondent no.2. The review application was allowed by this Court on 16-9-2008 on the ground that the revision was not a second revision, while the writ petition was allowed vide order dated 30-7-2008 by this Court on the ground that the revision was a second revision. At the time of passing the final order dated 16-9-2008, part of the order pertaining to paragraph nos. 5, 6 and 10 were recalled by this Court on 17-9-2008. The only controversy to be decided by this Court remains whether the writ petition is maintainable against the proceeding arising out of mutation proceeding under Sections 33/34 of the Land Revenue Act. Sri Sudhir Kumar, learned counsel for the respondent no. 2 has vehemently argued that statutory remedy is available to the petitioner to file regular suit before competent court of jurisdiction as has been provided under Section 40-A of the Land Revenue Act. The writ petition is dismissed on the ground of alternate remedy. (B.S. Verma, J.) RCP