Neutral Citation No. - 2025:AHC:39248 Court No. - 33 Case :- WRIT - C No. - 40284 of 2024 Petitioner :- Musafir Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved. 2. The order dated 16.11.2024 passed by the respondent no.3/ Tehsildar, Tehsil- Sadar, District- Ghazipur in Case No.261 of 2014 (Smt. Indu Devi Vs. Musafir), under Section 34/35 of U.P. Revenue Code, 2006 is under challenge. 3. A preliminary objection has been raised by the learned Standing Counsel that against the aforesaid order statutory alternative remedy is available to the petitioner to file an appeal under Section 35(2) of the U.P. Revenue Code, 2006. 4. Heard learned counsel for the parties and perused the record. 5. From the perusal of the record, it is clear that against the order impugned statutory alternative remedy is available to the petitioner, hence, the present writ petition is liable to be dismissed. 6. However, in this view of the matter and also in the interest of justice without interfering with the order dated 16.11.2024 passed by the respondent no.3, the present writ petition is disposed of finally permitting the petitioner to file an appeal before the appellate authority. If such an appeal is filed within a period of four weeks from today, the appellate authority is directed to decide the same strictly in accordance with law/ merits. 7. It is made clear that the appellate authority will not dismiss the appeal solely on the ground of laches. Order Date :- 18.3.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad