Neutral Citation No. - 2025:AHC:21700 Court No. - 37 Case :- WRIT - C No. - 30607 of 2024 Petitioner :- Ram Prakash And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dwijendra Prasad,Rajesh Pratap Singh Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioners and Sri Rohit Singh Parmar, learned counsel holding brief of Sri Avinash Chandra Srivastava and learned Standing Counsel for the State respondent. 2. Challenging an order dated 18.01.2021 passed under Section 38(1) of U.P. Revenue Code, 2006, instead of filing an appeal under Section 38(4) of the Code, the petitioner chose to file a revision before the Additional Commissioner (Administration) Agra Division, Agra, which has been dismissed by the order dated 18.10.2023. 3. Although various submissions have been made as regards merits of the case, this Court finds that the revision against the order dated 18.10.2021 was not maintainable. Nevertheless, the power to entertain both revision and appeal vests in the same authority and considering the facts of the case, instead of setting aside the order of the revisional court on the ground of maintainability of revision, as suggested by the learned Standing Counsel, the revision preferred by the petitioners is treated as an appeal under Section 38(4) of the Code. 4. In view of the aforesaid situation, another submission has been made by the learned Standing Counsel that against the order passed under Section 38(4) of the Code, a revision lies before the Board of Revenue under Section 210 of the Code. 5. While the Court proceeded to call upon the petitioners to avail the aforesaid remedy of revision, learned counsel for the petitioners submits that the revision has become barred by limitation and, therefore, this Court may condone the delay in case a revision is preferred. 6. From perusal of record, I find that the impugned order was passed by the Additional Commissioner in October, 2023, against which Writ-C No. 390 of 2024 was filed by the petitioner which was permitted to be withdrawn with liberty to file a fresh petition by order dated 17.05.2024. 7. Learned counsel for the petitioners submits that previous petition was not accompanied by relevant documents and, therefore, availing the liberty the present writ petition has been filed with complete documents. 8. Be that as it may, this Court may not permit bypassing the statutory remedy of revision but is of the view that considering the facts of the case and the proceedings undertaken by the petitioners, while relegating the petitioners to avail remedy of revision under Section 210 of the Code, period spent in approaching this Court twice should be excluded in the interest of justice. 9. The instant writ petition stands disposed of with the following directions/observations:- (a) The Revision No. 657 of 2021 decided by the Additional Commissioner (Administration), Agra Division, Agra shall be treated as a decision in exercise of appellate power under Section 38(4) of the Code. (b) The petitioners are permitted to file a revision under Section 210 of U.P. Revenue Code, 2006 before the Board of Revenue within four weeks. (c) In case revision is filed within four weeks from today, the same shall be registered and shall be decided on merits after providing opportunity of hearing to the parties. (d) The revision shall not be dismissed raising bar of limitation, as the period is being condoned by this Court subject to the condition that the revision is preferred within four weeks. (e) The petitioners are also at liberty to file an application for interim relief, which shall be considered on its own merits by the revisional court. Order Date :- 14.2.2025 Pkb/ Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad