Neutral Citation No. - 2025:AHC:11885 Court No. - 50 Case :- WRIT - C No. - 42404 of 2024 Petitioner :- Kishori Lal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Kumar Saroj,Parvesh Sharma,Vinod Kumar Bhartiya Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Chandra Kumar Rai,J. 1. Heard counsel for the petitioners, Mr. Anjani Kumar Chaurasia, learned Additional Chief Standing Counsel for the State respondents and Mr. Krishna Kant Singh, learned counsel for respondent- Gram Sabha. 2. The instant petition has been filed for the following relief:- "Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.7.2024 passed by respondent no.2 in case No. 19 of 2018, computerized case No. T201818210300019 (Gram Sabha Vs. Kishori Lal) under Section 67 of U.P. Revenue Code, 2006." 3. Counsel for the petitioners submitted that respondent no.2, Tehsildar, Tehsil Jaleshar, District Etah has passed the order for ejectment and damages in the proceeding under Section 67 of the U.P. Revenue Code, 2006 in arbitrary manner without considering the case of the petitioners that petitioners are not in possession of the Gaon Sabha land rather petitioners are in possession of their bhoomidhari plot No. 634 Kha area 0.0160 hectare. 4. Mr. Anjani Kumar Chaurasia, learned Additional Chief Standing Counsel for the State respondents and Mr. Krishna Kant Singh, learned counsel for respondent- Gram Sabha submitted that writ petition is not maintainable as the order is appellable under Section 67 (5) of U.P. Revenue Code, 2006 before the Collector. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that order for ejectment and damages has been passed by Tehsildar against the petitioner under the impugned order dated 25.7.2024. 7. In view of the provisions contained under Section 67 (5) of the U.P. Revenue Code, 2006, the impugned order is appellable before the Collector. 8. Considering the facts and circumstances, the petition is finally disposed of directing the petitioner to file appeal along with the prayer for condonation of delay before the Collector Etah within period of six weeks from today. The Collector, Etah is directed to decide the petitioners' appeal taking liberal view on delay condonation matter as well as considering the ratio of law laid down by this Court reported in 2023 (1) ADJ 154 Rishi Pal Singh Vs. State of U.P. and Others. Order Date :- 23.1.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad