Neutral Citation No. - 2025:AHC:89025 Court No. - 35 Case :- WRIT - C No. - 16253 of 2025 Petitioner :- Aniruddh Jaiswal And 9 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashish Kumar Singh,Birendra Kumar Counsel for Respondent :- C.S.C.,Manoj Kumar Gupta,Sudhir Bharti Hon'ble Manish Kumar Nigam,J. 1. Learned counsel for the petitioners prays for and is permitted to implead Commissioner Ist, Gorakhpur Mandal, Gorakhpur as respondent in the writ petition during course of the day. 2. Heard Shri Ashish Kumar Singh, learned counsel for the petitioners, Shri Rakesh Pandey, learned Senior Counsel assisted by Shri Devesh Mishra & Shri Monoj Kumar Gupta, learned counsel for the respondents, Shri Sudhir Bharti, learned counsel for respondent no. learned Standing Counsel for the State respondents and perused the record. 3. This writ petition has been filed challenging the order dated 04.10.2024 and 14.10.2024 passed under Section 38 of the U.P. Revenue Code, 2006 and the writ petition bearing Writ C No. 16248 of 2025 has been filed challenging the order passed by the revisional court by which interim order has not been extended but the revision has been admitted for hearing in proceedings under Section 101 of the U.P. Revenue Code, 2006. 4. Contention of the learned counsel for the petitioners is that an ex-parte order under Section 38 of the U.P. Revenue Code, 2006 was passed against the petitioner and thereafter in another ex-parte proceedings under Section 101 of the U.P. Revenue Code, 2006, the land of the petitioner has been exchanged. Against the order of exchange, the petitioner approached this Court and this Court has relegated the petitioner to file a revision and granted interim protection till disposal of the stay application. The stay application has been rejected but the revision has been admitted for hearing. Learned counsel for the petitioner has also relied upon the judgment passed in case of Mool Chand Yadav Vs. Raza Buland Sugar Company Limited reported in 1982 (3) SCC page No. 484. 5. Shri Rakesh Pandey, learned Senior Counsel assisted by Shri Devesh Mishra & Shri Monoj Kumar Gupta, learned counsel for the respondents has submitted that the orders have been passed against several persons and some of them has filed appeal but since the petitioners have not filed appeal and it will be in the interest of justice that the petitioner may also be relegated to file appeal against the order dated 14.10.2025 passed under Section 38 of the U.P. Revenue Code, 2006. 6. Considering the rival submissions of the parties, this writ petition is disposed of with liberty to the petitioners to file an appeal against the order passed under Section 38 of the U.P. Revenue Code, 2006 within a period of one week along with certified copy of this order. 7. In case, such appeal is filed, the same shall be considered and decided along with revision filed against the order passed under Section 101 of the U.P. Revenue Code, 2006 being Revision No. 525 of 2025, pending before Commissioner Ist, Gorakhpur Mandal, Gorakhpur. Both appeal and revision, shall be considered and decided by the Commissioner Ist, Gorakhpur Mandal, Gorakhpur in accordance with law, within a period of three months after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 8. It is expected that both the parties will cooperate in the disposal of the cases and they will not seek undue adjournments to linger on the proceedings of revisions. 9. Till the disposal of the aforementioned proceedings by Commissioner Ist, Gorakhpur Mandal, Gorakhpur, all the parties are directed to maintain status quo. Order Date :- 26.5.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad