Neutral Citation No. - 2025:AHC:65237 Court No. - 34 Case :- WRIT - C No. - 42356 of 2024 Petitioner :- Ram Ashish Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikash Kumar Singh,Wilson Singh Counsel for Respondent :- C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Vikash Kumar Singh, learned counsel for the petitioner and Shri Dhananjay Singh, learned counsel appearing for the State respondents No. 1, 2 & 3. 2. By means of the present writ petition, the petitioner has challenged the order dated 10.06.2024 passed by the learned Naib-Tehsildar (South), Tehsil-Sadar, District-Prayagraj (respondent No.3) in mutation case No. 9468 of 2021 (Nirmala Devi Vs. Ram Ashish) under Section 35 of the U.P. Revenue Code, 2006. 3. Learned counsel appearing for the State-respondents, at the very outset, raised a preliminary objection regarding the entertainability of the present writ petition on the ground of availability of efficacious statutory remedy as provided under Section 35(2) of the U.P. Revenue Code, 2006. He further contends that since the petitioner has not availed the statutory remedy of appeal as provided under the U.P. Revenue Code, 2006, instant writ petition filed under Article 226 of the Constitution of India is not entertainable. 4. When confronted with the aforesaid objection, the learned counsel appearing on behalf of the petitioner stated that he does not want to press the present writ petition and prayed for a liberty to the petitioner to file appeal in the Court of Sub-Divisional Officer concerned as provided under Section 35(2) of the U.P. Revenue Code, 2006. 5. In view of the aforesaid, the writ petition is disposed of with a liberty granted to the petitioner to file an appeal as provided under Section 35(2) of the U.P. Revenue Code, 2006 within a period of two weeks from today. 6. It is provided that in case an appeal under Section 35(2) of the U.P. Revenue Code, 2006 is filed by the petitioner within a period of two weeks as aforesaid, the same shall be entertained by the learned Sub-Divisional Officer concerned on merits and shall be decided expeditiously in accordance with law. Order Date :- 28.4.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad