Neutral Citation No. - 2025:AHC-LKO:47101 Court No. - 5 Case :- WRIT - B No. - 772 of 2025 Petitioner :- Badri Prasad Yadav And Another Respondent :- Settlement Officer Of Consolidation Ambedkar Nagar And 2 Others Counsel for Petitioner :- Vijay Kumar Tiwari,Sudhir Kumar Rai Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Vijay Kumar Tiwari, learned counsel for the petitioners as well as learned Standing Counsel for respondent nos. 1 and 2. 2. In the light of proposed order notice to private respondents stands dispensed with. 3. It is submitted by learned counsel for the petitioners that present dispute pertains to Khata No. 367 (old Gata No. 1848), new Gata No. 1815 and 1849 (new Gata No. 858 and 902), situated at Village - Mijhaoda, Pargana - Mijhaoda, Tehsil - Bheeti, District - Ambedkar Nagar and during consolidation proceedings order dated 13.03.1969 was passed regarding the said land as "Abadi", against which grand father of petitioner Ram Pyare filed an appeal under Section 67 of the Consolidation of Holdings Act before the Settlement Officer (Consolidation) and by means of order dated 19.11.2018, order dated 13.03.1969 was set aside and the matter was remanded to the Consolidation Officer. 4. During remand proceedings, grand father of the petitioner died and was substituted by the petitioner and an application for recall was allowed on 25.03.2019 and order dated 13.03.1969 was set aside. In the aforesaid circumstances, the petitioner has filed an application under Section 109(1)A of the Consolidation of Holdings Act, and the name of petitioner has been mutated. 5. The private respondents have filed an appeal against "Parwana" dated 25.03.2019, before the Settlement Officer (Consolidation) and notice have been issued by means of order dated 04.07.2025 which has been assailed in the present writ petition. 6. Learned counsel for the petitioners has submitted that no appeal would be maintainable against "Parwana" issued in the said case and therefore appellate proceedings are illegal and arbitrary and without jurisdiction. 7. Learned Standing Counsel on the other hand has submitted that once notices have been issued, then it is open for the petitioners to put in appearance in the appellate proceedings and raise all the grounds including the issue of maintainability before the appellate Court. 8. Accordingly, this Court is of the considered view that even if the proceedings, according to the petitioners are without jurisdiction, then, it is open for the petitioners to move appropriate application in this regard before the appellate Court which would be duly consider the plea taken by the petitioner and pass appropriate orders there upon and it is alleged that the proceedings are without jurisdiction, would not be a ground in itself for filing present writ petition under Article 226 of the Constitution of India. 9. Accordingly, this Court is of the considered view that the petitioners have adequate remedy before the appellate Court itself by moving appropriate application challenging the jurisdiction and in case such an application is made, the appellate Court who is duly competent to consider such objections, shall pass appropriate orders thereupon. 10. In the light of above, this Court do not find any ground for interference in the matter. Subject to aforesaid observations, present writ petition stands dismissed. Order Date :- 12.8.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench