Neutral Citation No. - 2025:AHC-LKO:237 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6363 of 2024 Petitioner :- Deepak And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Rohit Jaiswal,Brij Mohan Singh,Mohit Gupta Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos.1 and 2 has been accepted by the office of Chief Standing counsel. Sri Dilip Kumar Pandey learned counsel has accepted notice on behalf of respondent no.4. Under challenge is the order dated 11.12.2023 passed by the respondent no.2 in proceedings under Section 116 of the U.P. Revenue Code, 2006. The petitioners have also challenged a subsequent order dated 23.10.2024 whereby a scheme of partition has been accepted and the proceedings for division of land holding has been finally decided. A specific query was put to the learned counsel for the petitioners as to how the instant petition is maintainable as the petitioners have a right of statutory appeal in terms of the U.P. Revenue Code, 2006. Learned counsel for the petitioners has submitted that the orders passed suffers from the vice of violation of principles of natural justice and in the aforesaid context, the orders even though appealable may not be taken as a period and the petition is maintainable. It is further urged by the counsel for the petitioners that the petitioner no.1 is a minor whereas the petitioner no.2 is mentally unwell and the petitioner no.3 who is also co-tenure altogether have filed the instant petition and since this aspect regarding minority of the petitioner no.1 and mental illness of the petitioner no.2 has not been taken note by the authority, consequently, the order is bad. Having considered the aforesaid submissions and from a perusal of the material on record, apparently, there is no certificate issued by any competent doctor to indicate the mental illness of the petitioner no.2. Merely, because the petitioner no.1 is a minor and the petitioner no.2 is alleged to be mentally unwell will not confer any right on the petitioners to bypass any remedy in filing appeal. Since the petitioners have a right of filing statutory appeal, accordingly, this Court is not inclined to entertain the petition which is, accordingly, dismissed. It is made clear that the petitioners non suited only on the ground of availability of the statutory appeal and the plea of the petitioners has not been examined. It will be open for the petitioners to take access to remedies as may be available to them in law. Order Date :- 3.1.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench