IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 1293 (MS) OF 2001 (Old No. 45881/99) Faiyaz Ahmad ……….Petitioner. Versus Additional Collector, Haridwar and others ….Respondents. Mr. Safdar, Advocate for the petitioner. Mr. Gopal Narian, learned counsel Brief Holder for the respondent no.1. 25 th July, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has sought writ of certiorari to quash the impugned judgments and orders dated 8.7.1999 passed by learned respondent no. 1 and also the impugned order dated 18.9.1998 passed by the respondent no. 2. 2. Proceedings under Section 122-B of Uttar Pradesh Zamindari Abolition and Land Reforms Act were initiated against the petitioner and a notice under Akar Patra No. 49 Ka of Zamindari Abolition was served against the petitioner and the case was registered as Case No. 38/98 under Section 122-B of the Zamindari Abolition and Reforms Act. On 18.9.1998 an order was passed by the Tehsildar / Assistant Collector, Roorkee directing the eviction of the petitioner from Gata No. 640 area 0.451 hectare, which is a Abadi Land and directed to recover penalty of Rs. 1500/- as well as Rs. 14.50 as litigation expenses and Rs. 5/- as execution charges from the petitioner. Against the said order, the petitioner preferred a Revision being Revision No. 10 of 1998-99. The revisional Court on 8.7.1999 partly allowed the revision and modified the order passed by the court below to the extent that the petitioner shall be evicted from Gata No. 640 area 1300 square feet of land. 3. Heard the learned counsel for the parties and perused the impugned judgments. 4. The petitioner claims his title over the land in dispute. Therefore, the petitioner is directed to file a suit get his title declared over the land in dispute before the competent court within a period of three months. If such a suit is filed, the Competent Court shall decide the same within a period of next three months from the date of its filing. Till six months, the impugned orders shall remain in abeyance and he petitioner shall not be dispossessed from the disputed land. After declaration of title in favour of the petitioner, the impugned orders shall stand set aside. 5. The petition is disposed of finally. No order as to costs. (P.C. Verma,J.) 25.7.2008 Rathour