IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1807 of 2010 (M/S) Bassan Singh and another. ……Petitioners Versus Shri Santokh Singh …….Respondent Mrs. Pushpa Joshi, Advocate for petitioners. Dated:-22-10-2010 Hon’ble B.S.Verma, J. Heard learned counsel for the parties. By means of this petition, the petitioners have sought following reliefs:- “Issue a rule, order or direction and set aside the order dated 17.04.2006, passed in Appeal No. 52 of 1963 year 2003- 04 between Santokh Singh Versus Bassan Singh and others passed by Collector Udham Singh Nagar and order dated 28.09.2010 passed in Revision No. 141 (2005-06/15(2007-08) by the Additional Commissioner Kumaun Region Nainital and exparte order dated 22-5-2006 passed by the Tehsildar, Bazpur, District Udham Singh Nagar in Mutation Case No. 30/122 of 99- 2000. Any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.” This writ petition has arisen out of the mutation proceedings in case No. 30/ 122 of 1999-2000 under Section 34 of U.P. Land Revenue Act, which are summary in nature. Having heard learned counsel for the petitioners, this Court is of the view that petitioners have an alternative remedy to file a suit for mutation as per provision of Section 40 A of the U.P. Land Revenue Act, 1901 which reads as under:- “40-A. S a v in g a s to title su its- No order passed under Section 33, Section 35, Section 39, Section 40, Section 41 or Section 54 shall bar any suit in a com petent court for relief on the basis of a right in a holding.” 2 Therefore, the petition is dismissed on the ground of alternative remedy available to the petitioner. However, the petitioner would be at liberty to file a suit in a competent court of jurisdiction, if so advised. (B.S.Verma, J.) 22-10-2010 S