IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WPMS No. 7341 of 2001 Ratan Lal ………….….Petitioner. Versus Addl. Commissioner & Ors. ………….Respondents. 27th August, 2008 Hon’ble P.C. Verma, J. This writ petition is directed against the order dated 23.3.1999 passed by the Additional Commissioner (Administration) Garhwal Division, Garhwal, whereby the revision of the present petitioner has been dismissed. 2. Brief facts giving rise to the present petition are that Smt. Maya Devi instituted a suit in the Court of Assistant Collector, I Class, Dehradun under Section 176 of the U.P. Zamindari Abolition and Land Reforms Act for partition of the land in dispute. In the said suit, an application was moved by Mr. Ratan Lal regarding his impleadment in the suit. The said application was rejected by the Assistant Collector, I Class, Dehradun vide order dated 24.12.1996. Against the said order, the petitioner filed a revision being Revision No. 20 of 1996-97 Ratan Lal Vs. Ram Kishore. 3. The said revision was filed on the ground that the petitioner was not made a party in the suit. 4. After hearing the parties and taking into consideration the evidence available on record, the revisional Court rejected the said revision on 23.3.1999. 5. I have gone through the impugned order passed by the court below. The application has rightly been rejected. If the petitioner was entitled for his share on the basis of Will and when the Will is proved that Will is genuine and is bonafide, a suit could have been filed under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act. Therefore, it is open for the petitioner to file a suit for declaration of his title under Section 229-B then to become a party in the partition suit. 6. With the aforesaid observations, writ petition is dismissed. No order as to costs. (P.C. Verma, J.) 27.8.2008 Rathour