Learned counsel for the parties are ready to argue the writ petition finally today itself at the admission stage.

2. The petitioners have prayed for issue a writ in the nature of certiorari quashing the impugned orders dated 3-3-2005 and 4-4-2007 passed by the respondent nos. 2 and 1 respectively (Annexure Nos.6 and 9). By order dated 3-3-2005 the Assistant Collector 1st Class/S.D.M. Dehradun has declared land measuring 0.528 Hectare out of the suit land as Abadi, as mentioned in the impugned order. The revision preferred against the said order has been dismissed by the Additional Commissioner vide order dated 44-2007 passed in Revision No. 7/2004-05.

3. Brief facts, giving rise to the present writ petition, are that initially the suit under Section 176 of the Zamindari Abolition and Land Reforms Act (for short Z.A.& L.R Act) was filed by respondent no.3 Bhangu Singh for partition of holdings. The suit is being contested by the petitioner as well as other private respondents.

4. In the written statement filed by the petitioner it was contended in paragraph no. 14 that the major part of the suit land is covered by Abadi hence the suit for partition was not maintainable.

5. The l