IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1165/2009 Sadbhavi Phal Evam Subzi Kalyan Samiti and others. ..…… Petitioners Versus State of Uttarakhand through Collector, Dehradun and others. …….. Respondents ………………….. Sri Chandra Shekhar Advocate assisted by Sri Sachin Panwar, learned counsel for the petitioners. Sri R.C. Arya, Brief Holder for the State/respondent No. 1. Date: August 13, 2009 Hon’ble B.S.Verma,J. This petition has been filed by the petitioners seeking writ in the nature of certiorari for setting aside the order dated 12.06.2009 passed in Revision No. 97/2005-06 and Revision No. 89/2006- 07, whereby the Additional Chief Revenue Commissioner, Uttarakhand, Dehradun has set aside the order dated 16.05.2006 and remanded the matter back to Assistant Collector 1st Class, Dehradun for taking decision regarding change of entry in view of the observations made in the judgment and about the rights of lease holders, who are in occupation of the disputed land. 2 2. The grievance of the petitioners is that during the pendency of revisions, the Assistant Collector has issued notice under Rule 176-A (2) of U.P. Zamindari Abolition & Land Reforms Rules, 1952 (hereinafter referred to as the Rules) and despite the pendency of this writ petition, they may be evicted from the land in occupation under the said proceedings. 3. The learned Additional Chief Revenue Commissioner has not committed any error in remanding the case for decision afresh. The order impugned does not want any interference. The learned brief holder appearing for the State has submitted that the direction be given to Assistant Collector to decide both the matters, i.e. proceedings initiated under Rule 176-A (2) of the Rules and proceedings under Section 33/39 of Land Revenue Act, together. The proceedings under Rule 176-A (2) of the Rules were initiated against the petitioners during the pendency of revisions and the order passed in the revisions is impugned in the writ petition, while in compliance of the order passed by the Additional Chief Revenue Commissioner, the matter is to be adjudicated by the Assistant Collector afresh. 4. In the aforesaid facts and circumstances of the case, the learned Assistant Collector 1st Class, Dehradun is directed to club the cases, which were initiated against the petitioners under Rule 176 A (2) of the Rules, with the proceedings under Section 33/39 of Land Revenue Act and shall decide the matter together in view of the observations made in 3 the revisional court’s order dated 12.06.2009, preferably within a period of six months from the date of production of certified copy of this order. 5. With the aforesaid direction, the writ petition is disposed of. (Stay Application No.6229/2009 also stands disposed of.) (B.S.Verrma,J.) 13.08.2009 P.Singh