Neutral Citation No. - 2025:AHC:62233 Court No. - 85 Case :- WRIT - C No. - 41907 of 2024 Petitioner :- Bhrigunath Pathak Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1, 2 and 3. 2. The order passed under Section 35 of U.P. Revenue Code-2006 has been directly challenged without filing appeal under Section 35(2) of the Code. 3. Learned counsel for the petitioner, when confronted with the remedy of appeal, submits that the order has been passed ex parte inasmuch as on 11.03.2024, the matter was posted for 21.03.2024 and, thereafter, directly without fixing any date in between, final order was passed on 27.09.2024, i.e. after six months. Certain alleged discrepancy on the order-sheet has been sought to be pressed. 4. Considering the argument advanced, this Court is of the view that not only jurisdictional aspect but also all other contentions on merits of the claim of the petitioner are always open to be raised in statutory appeal under Section 35(2) of the Code and, therefore, the validity of the order impugned cannot be examined at the first instance in the writ petition. 5. As regards alternative remedy, learned counsel for the petitioner submits that since the order impugned was passed on 27.09.2024, limitation for filing appeal has expird and, therefore, in case the petitioner files an appeal, the same shall be dismissed as barred by limitation. 6. The Court finds that the writ petition was filed in December, 2024, by which time limitation period was available to the petitioner. The petition has been entertained after five months from its filing and, therefore, considering the provisions of Section 14 of the Limitation Act, the period consumed before this Court is liable to be excluded while computing period of limitation for filing appeal. 7. Writ petition is, accordingly, disposed of by permitting the petitioner to avail alternative remedy of appeal under Section 35(2) of the Code. 8. In case, the appeal is filed within four weeks from today, the same shall not be dismissed on the ground of delay, it shall be treated within time. However, if it is filed after four weeks, it shall be accompanied with application seeking condonation of delay. The appeal shall, thereafter, be decided, after putting the concerned parties to notice, strictly in accordance with law. Order Date :- 23.4.2025 Pkb/ Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad