HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 5742 (M/S) of 2001 (Old No. 3849 of 1994) Mohan Chandra S/o Bhola Dutt R/o Village Matena, Patti Bichala Katyur, P.O. Baijnath Tehsil Bageshwar, District-Almora. …..Petitioner Vs. 1. The State of Uttar Pradesh, through the District- Magistrate, Almora. 2. The Tehsildar Bageshwar, District Almora. 3. Sri Kailash Chandra S/o Devi Dutta R/o Village Matena Patti Bichala Katyur, P.O. Baijnath, Tehsil Bageshwar, District-Almora. 4. Prakash Chandra S/o Devi Dutta. 5. Girish Chandra S/o Devi Dutta. 6. Sri Umesh Chandra S/o Devi Dutta. 7. Sri Ramesh Chandra S/o Devi Dutta. 8. Sri Kishore S/o Devi Dutta. 9. Smt. Renu Bhatt D/o Badri Dutta All residents of Village Matena Patti Bichsla Katyur, P.O. Baijnath, Tehsil Bageshwar, District-Almora. ….Respondents Sri M.C. Kandpal learned Senior Advocate for the petitioner. Sri B.D. Upadhaya learned counsel for the respondents No.3 to 9. Sri Nand Prasad learned counsel for the respondents. Dated:- 27-02-2006 Hon’ble B.S. Verma, J. Heard Sri M.C. Kandpal learned senior advocate for the petitioner, Sri B.D. Upadhaya learned counsel for the respondents No. 3 to 8 and Sri Nand Prasad learned counsel for the respondents. The writ petition has been filed against the impugned order dated 28.12.1993 (Annexure-9) to the writ petition passed by Tehsildar Bageshwar, District- Almora in mutation proceedings, which are summary in nature. Section 40-A of Land Revenue Act provides that:- “4o-A Saving as to title suits- No order passed under Section 33, Section 35, Section 39, Section 40, Section 41 or Section 54 shall bar any suit in a competent Court for relief on the basis of a right in a holding.” In view of Section 40-A of Land Revenue Act, the petitioner has an alternate remedy to file suit in competent court for relief on the basis of a right in holding. The writ petition is here by dismissed in limine. (B.S. Verma,J) Dated:- 27-2-2006 M.K.