Neutral Citation No. - 2025:AHC:85978 Court No. - 35 Case :- WRIT - C No. - 16053 of 2025 Petitioner :- Rajesh Respondent :- Commissioner Azamgarh Division, Azamgarh And 23 Others Counsel for Petitioner :- Rajiv Kumar Mishra,Suresh Chandra Varma Counsel for Respondent :- C.S.C.,Sanjai Kumar Rai Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Issue a writ order or direction in the nature of certiorari quashing the judgment and order dated 23.4.2025 passed by Additional Commissioner (Judicial) Azamgarh Division, Azamgarh allowing case no. 00782 of 2018, Computer case no. C-201815000000782, Ram Gopal Rai versus Subhash and others filed under section 210 of U.P. Revenue Code, 2006 contained in annexure no. 1." 3. Contention of learned counsel for the petitioner is that against an order passed under Section 38 of the U.P. Revenue Code, a revision was filed which was apparently not maintainable as appeal has been provided against the order passed under Section 38 of the U.P. Revenue Code, 2006. 4. Learned Standing Counsel has submitted that contention of learned counsel for the petitioner is correct that appeal was maintainable against the order impugned and not a revision but it has been further submitted by learned counsel for the respondents that initial order under Section 38 was passed ex parte against the respondent and finding has been recorded by the Revisional Court that the order was ex parte and the matter has only been remanded. 5. In view of these facts, I am not inclined to interfere with the order impugned. Since the matter has been remanded, both the parties will have right to contest the proceedings on merits. 6. Since the proceedings are pending before the S.D.M. concerned, S.D.M. concerned is directed to consider the and decide the same, in accordance with law, expeditiously, preferably within six months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 20.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad