Neutral Citation No. - 2025:AHC:40626 Court No. - 44 Case :- WRIT - C No. - 4395 of 2025 Petitioner :- Smt Kushum Singh And 19 Others Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioners and the learned Standing Counsel for the State-respondents. Shri Hari Narayan Singh, Advocate has put in appearance on behalf of Gaon Sabha. 2. The petitioners are aggrieved by the order impugned dated 27.06.2024 passed by the Sub-Divisional Officer, Kanpur Dehat in exercise of powers under Section 38(2) of U.P. Revenue Code, 2006 (for short 'the Code, 2006'). 3. Learned counsel for the petitioners submits that the petitioners are purchasers from original allottee against whom the proceedings were earlier dropped and, therefore, the order impugned is invalid. Further submissions have been made that the petitioners have not been heard in the proceedings. 4. Be that as it may, there is a provision of appeal under Section 38(4) of the Code, 2006 whereunder any person aggrieved by an order of the Collector or the Sub-Divisional Officer under sub- section (3), may prefer an appeal to the Commissioner within 30 days from the date of the order and the decision of the Commissioner shall, subject to the provisions of Section 210, be final. 5. Merely because the petitioners are purchasers from the original allottee, their right to file appeal still stands protected by the words "any person aggrieved" used in sub-section (4) of Section 38 of the Code, 2006. 6. Therefore, the petitioners have alternative statutory remedy against the order impugned. 7. At this stage, learned counsel for the petitioners submits that since the order impugned was passed in June, 2024, limitation to file an appeal has expired. 8. Considering the fact that the petitioners are purchasers from original allottee who has died and the order impugned has been passed in June, 2024, the petitioners should be given an opportunity to file an appeal. 9. Accordingly, the writ petition stands disposed of with the following directions:- (i) The petitioners, if so advised, may file appeal along with stay application under Section 38(4) of the Code, 2006 before the Commissioner. (ii) In case the appeal is filed within three weeks from today, the same shall be registered on a regular number and no objection shall be raised regarding bar of limitation and the appeal shall be treated as within limitation. (iii) However, in case the appeal is not filed within three weeks, the delay shall not be treated to have been condoned. (iv) The appellate authority shall decide the appeal on merits within a period of six months after giving opportunity of hearing to the concerned parties. The appellate authority may also consider the prayer for interim relief on its own merits. Order Date :- 20.3.2025 AKShukla/- Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad