Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1651 of 2001 (Old No.43344 of 1999) Jagdish Prasad Tyagi …….. Petitioner Versus A.D.M. Hardwar & another …….. Respondents …………………. Sri M.S.Tyagi, learned counsel for the petitioner. Sri H.M.Raturi, learned Standing Counsel for the State of Uttarakhand/Respondent No. 1. Date: July 24,2008 Hon’ble P.C.Verma,J. This petition has been filed seeking writ of certiorari quashing the impugned order dated 30.07.1999 passed by respondent No.1/Additional Collector, Hardwar in Revision No.53 of 1996-97,Gaon Sabha versus Jagdish, by which the revision was allowed and the order of eviction of the petitioner from the disputed plot was passed. 2. Proceedings under Section 122-B of Uttar Pradesh Zamindari Abolition and Land Reforms Act were initiated against the petitioner on the report of Lekhpal dated 05.02.1991 alleging that the petitioner had encroached upon 0.051 hectares of Gaon Sabha land of Khasra Plot No.191. The Tehsildar/Assistant Collector, Roorkee found that the possession of the petitioner on the disputed land is legal and dropped the proceedings 2 against the petitioner. Against the order dated 11.06.1997 passed by Tehsildar/Assistant Collector, Gaon Sabha filed revision before the Additional Collector, Hardwar which was allowed and the petitioner was directed to be evicted from the disputed land. 4. Heard the learned counsel for the parties and perused the impugned judgment. 5. The petitioner claims title over the land in dispute. Therefore, the petitioner is directed to file a suit for declaration of his title in the competent court within a period of three months from today. The trial court shall decide the same within a period of three months from the date of filing of suit. Till six months, the petitioner shall not be dispossessed from the disputed land. The realization of compensation amount shall also be suspended till then. 6. The petition is disposed of finally. (P.C.Verma,J.) 24.07.2008 P.Singh