HIGH COURT OF UTTARAKHAND AT NAINITAL Review Application No. 5009 of 2004 IN W.P. No. 254 of 2002 (MS) Umed Singh (since deceased) substituted by Jaman Singh and others ……. Petitioners Versus Collector, Nainital and others ……… Respondents Dated: 30.6.2008 Hon. Rajesh Tandon, J. Heard Sri M.S. Pal, Senior Advocate assisted by Sri V.S. Pal for the review petitioner and standing counsel for the respondents. The review applicant has submitted that a writ petition was filed by the applicant agaisnt the order dated 23.3.2002 passed by the District Judge, Nainital deciding the reference moved under section 18 of the Land Acquisition Act. The applicant has further submitted that writ petition is not maintainable and appeal is provided under section 54 of the Land Acquisition Act. The applicant has prayed that he may be permitted to file appeal agaisnt the order dated 23.3.2002 passed by the District Judge, Nainital. Section 54 of the Land Acquisition Act reads as under: 54. Appeals in proceedings before Court. - 2 Subject to the provisions of’ the Code of Civil Procedure, 1908, applicable to appeals from original decrees, and notwithstanding, anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court front the award or from any part of the award of’ the Court and from any decree of’ the High Court passed on such appeal as aforesaid an appeal shall lie to the Supreme Court subject to the provisions contained in Section 110 of the Code of Civil Procedure, 1908, and in Order XLIV thereof. Thus there remains no ambiguity that against the order of Reference Court appeal lies before the High Court. Therefore, writ petition is not maintainable. In view of above, review application is allowed. Order dated 28.7.2004 passed in writ petition No. 254 of 2002 is recalled. Liberty is given to the petitioners to avail alternative remedy available to him against the order dated 23.3.2002 passed by the District Judge, Nainital, which shall be decided in accordance with law. Dated: 30.6.2008 Rajesh Tandon, J. *Dhyani