Neutral Citation No. - 2025:AHC-LKO:3357 Court No. - 8 Case :- CIVIL MISC REVIEW APPLICATION No. - 126 of 2024 Applicant :- Siravulisha Opposite Party :- Addl. Commissioner (Add.) Devi Patan Mandal, Gonda And Others Counsel for Applicant :- Smt.Seema Dwivedi,Ram Pheran Dwivedi Counsel for Opposite Party :- Faiz Ahmad Khan,Pankaj Gupta & Case :- WRIT - C No. - 10412 of 2024 Petitioner :- Siravulisha Respondent :- Addl. Commissioner (Add.), Devi Patan Mandal, Gonda And Others Counsel for Petitioner :- Ram Pheran Dwivedi,Smt.Seema Dwivedi Counsel for Respondent :- C.S.C.,Faiz Ahmad Khan,Pankaj Gupta Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the revisionist/ petitioner, Shri Faiz Ahmad Khan, learned counsel for respondent no.4 and learned Standing Counsel for the respondent State. 2. As the both the review petition as well Writ- C No.10412 of 2024 arise out of the same issue, as such both the cases are being disposed of by a common order. 3. By means of the instant writ petition, the revisionist/petitioner has assailed the order dated 18.7.2024, which has been passed by the Additional Commissioner (Administration), Devi Patan Mandal, Gonda in Appeal No.1169 of 2022 whereby the appeal was rejected and the order dated 30.1.2013 passed in proceedings under Section 229-B of the U.P. Z.A.& L.R. Act was afÏrmed. 4. Learned counsel for the petitioner was put with a specific query that since the proceedings arise under Section 229-B of the U.P.Z.A. & L.R.Act, whereby the petitioner has an alternate statutory remedy to which he submits that a second appeal is permissible before the Board of Revenue. However, he submits that in respect of the same property in between the same parties, mutation proceedings were also initiated wherein an order had been passed which was challenged by the petitioner in Writ -C No.10380 of 2024 which was dismissed by this court on 3.12.2024 permitting the petitioners to agitate their rights in the regular forum. It is urged that the said order passed by the court dated 3.12.2024 in Writ- C No.10380 of 2024 is sought to be reviewed by moving Civil Misc. Review Application no.126 of 2024. 5. It is urged that even if the petitioners move before the Board of Revenue, the order passed by the High Court in Writ-C No.10380 of 2024 would be an impediment in the rights of the petitioner and in this context that the review may also be considered and decided together. 6. Having considered the aforesaid submissions and from perusal of the material on record including the judgement dated 3.12.2024 passed in Writ C No.10380 of 2024, this Court finds insofar as the order dated 3.12.2024 is concerned, the court had specifically noticed that since the said writ was emerging from proceedings under Section 34 of U.P. Z.A. & L.R. Act, consequently the same would not impact the rights of the parties which is subject to final determination in regular proceedings. 7. Since the appeal of the petitioner preferred against the judgement dated 30.1.20213 which are proceedings under Section 229-B of the U.P. Z.A. & L.R.Act has been dismissed vide judgement dated 18.7.2024, the petitioner has a remedy of filing a second appeal before the Board of Revenue. 8. In view of the availability of the statutory remedy of second appeal before the Board of Revenue, this Court is not inclined to entertain the Writ -C No.10380 of 2024 leaving it open for the petitioner of the said writ petition to adjudge their rights before the Board of Revenue in second appeal and it is further observed that since the proceedings before the Board of Revenue will be emanating from proceedings 229-B of the U.P.Z.A. & L.R.Act., upon its adjudication in the second appeal, the observations of this court in the judgement dated 3.12.2024, shall not be impacted as the observations made by the court in Writ-c No.10380 of 2024 is not any expression of opinion on merits. 9. With the aforesaid observations, Civil Misc. Review Application No.126 of 2024 as well as Writ -C No.10412 of 2024 stand disposed of. Order Date :- 20.1.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench