Neutral Citation No. - 2025:AHC:30867 Court No. - 37 Case :- WRIT - C No. - 4489 of 2025 Petitioner :- Raju Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Shankar Yadav Counsel for Respondent :- C.S.C.,Nikhil Kumar,Pradeep Singh Hon'ble Syed Qamar Hasan Rizvi,J. 1. Sri Dinesh Kumar Singh, Advocate holding brief of Sri Vijay Shankar Yadav, learned counsel for the petitioner; Sri Vijay Pratap Singh, learned Additional Chief Standing Counsel appearing for the State-respondent nos.1 to 3 and Sri Nikhil Kumar, learned counsel appearing for the respondent no.5. 2. Notice on behalf of the Gaon Sabha has been accepted by Sri Pradeep Singh. 3. By means of the present writ petition, the petitioner has challenged the order dated 30.12.2024 passed by the Assistant Collector (First Class)/ Tehsildar (respondent no.2) in Case No. RST/02167/2018 (Gaon Sabha versus Vibhuti Narayan) under Section 67 of the U.P. Revenue Code, 2006. 4. Submission of the learned counsel for the petitioner is that by means of the impugned order, the notices against the respondent no.5 have been discharged merely on the basis of the report of Lekhapal dated 02.12.2024. He very categorically submits that no spot inspection was ever conducted and as such the impugned order is badly erroneous. 5. Learned counsel appearing on behalf of respondent no.5 has raised a preliminary objection regarding the entertainability of the present writ petition under Article 226 of the Constitution of India, on the ground of availability of statutory remedy to the petitioner to challenge the impugned order by filing appeal under Section 67(5) of the U.P. Revenue Code, 2006. 6. Section 67(5) of the U.P. Revenue Code, 2006, provides as under: "(5) Any person aggrieved by an order of the Assistant Collector under Sub- section (3) or sub-section (4), may within thirty days from the date of such order, prefer an appeal to the Collector." 7. Learned counsel for the petitioner, after arguing the matter at some length, submitted that he does not want to press the present writ petition and prays that the same may be dismissed as not pressed with liberty to the petitioner to file an appeal as provided under Section 67(5) of the U.P. Revenue Code, 2006. 8. Taking into consideration the aforesaid situation, the present writ petition is dismissed as not pressed with liberty to the petitioner to file appeal under Section 67(5) of the U.P. Revenue Code, 2006, within a period of two weeks. 9. It is provided that if the aforesaid appeal is filed within the aforesaid stipulated period, the Collector concerned shall entertain the same on merits by exempting the statutory period of limitation as provided under Section 67(5) of the U.P. Revenue Code, 2006. Order Date :- 4.3.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad