UKHC010121672026 2026:UHC:6508 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2119/2026 Balvinder Singh --Petitioner Versus State of Uttarakhand & Others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. A.S. Rawat, Senior Advocate, assisted by Mr. Gaurav Paliwal, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. Mr. V.B.S. Negi, Senior Advocate, assisted by Mr. Abhishek Verma, Advocate for the caveator. (2) By means of this writ petition, filed under Article 227 of the Constitution, petitioner has challenged the judgment and order dated 7.4.2026, passed by Board of Revenue, Uttarakhand in Revision No. 35/2024-25. By the said judgment, Board of Revenue set aside the orders passed by revenue authorities in proceedings under Section 54 of Land Revenue Act by holding that disputed question of title cannot be decided in summary proceedings under Land Revenue Act. (3) The reason assigned by learned Board of Revenue for allowing the revision is valid and this Court concurs with the reasoning given by learned Board of Revenue. Law is well settled that proceedings under Land Revenue Act are summary in nature and they are drawn to protect the revenue interest of the State. Section 40-A of Land Revenue Act provides UKHC010121672026 2026:UHC:6508 that any order passed under the provisions of Land Revenue Act would not affect right of the parties, if they file regular suit for declaration of their right. Section 40-A is extracted below: “Section 40-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.” (4) Petitioner claims title based on adverse possession over the bhumidhari land belonging to respondent no. 2. If that is so, petitioner is at liberty to file declaratory suit under Section 229-B of Zamindari Abolition & Land Reforms Act. (5) Learned Counsel for the respondent no. 2 informed this Court such suit, filed by the petitioner, is pending consideration before the Assistant Collector, 1st Class, Gadarpur, District Udham Singh Nagar. (6) Since petitioner has already approached the appropriate forum for declaration of his right, therefore, while affirming the impugned judgment, writ petition is disposed of with liberty to petitioner to seek remedy in a regular suit. (Manoj Kumar Tiwari, J.) 28.7.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e 61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB 588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.28 18:32:02 +05'30' UKHC010121672026 2026:UHC:6508