Neutral Citation No. - 2025:AHC:89475 Court No. - 34 Case :- WRIT - C No. - 32527 of 2024 Petitioner :- Madras Jamia Farooqia Sabrahad Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Ajay Kumar Singh,Zafar Abbas Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Sarve Nazir, Advocate holding brief of Shri Zafar Abbas, learned counsel for the petitioner, Shri Jitendra Narain Rai, learned Additional Chief Standing Counsel representing the State- respondents No. 1, 2, 3 and 4 and Shri Himanshu Shukla, Advocate holding brief of Shri Bhupendra Kumar Tripathi, learned counsel appearing for the Gaon Sabha (respondent No. 5). 2. By means of the present writ petition, the petitioner has challenged the order dated 21.06.2024 passed by the Sub- Divisional Officer, Shahganj, District-Jaunpur (respondent No.3) and report dated 09.04.2024 submitted by the Tehsildar, Shahganj, District-Jaunpur whereby the name of the petitioner has been expunged from the Khatauni of the Fasli year 1429-1434 in respect of the Khata No. 418 having Gata No. 1816/1.1130 hectare. 3. The contention of the learned counsel for the petitioner is that the report dated 09.04.2024 submitted by the Tehsildar, Shahganj, District-Jaunpur is erroneous being contrary to the entries made in Khatauni for the Fasli Year 1405 to 1410 as contained in Annexure No.2 to the writ petition. 4. Further, it has been argued by the learned counsel appearing on behalf of the petitioner that long standing entries made in the revenue records cannot be expunged under summary proceeding. 5. The next submission of the learned counsel for the petitioner is that the impugned order dated 21.06.2024 passed by the Sub- Divisional Officer, Tehsil Shahganj, District-Jaunpur (respondent No.3) is an ex-parte order as the same was passed without affording opportunity of hearing to the petitioner. 6. Learned Additional Chief Standing Counsel appearing for State- respondents, at the very outset, has raised preliminary objection regarding the entertainability of the writ petition under Article 226 of the Constitution of India, on the ground of availability of statutory remedy of appeal under Section 38(4) of the U.P. Revenue Code, 2006. 7. The aforesaid objection regarding the availability of the statutory remedy to the petitioner, under Section 38(4) of the U.P. Revenue Code, 2006 could not be disputed by the learned counsel appearing for the petitioner. 8. Taking into consideration the aforesaid situation, this Court is of the considered opinion that the present writ petition be disposed of with the liberty to the petitioner to prefer appeal as per Section 38(4) of the U.P. Revenue Code, 2006 before the Court concerned within a period of two weeks from today. It is provided that in case if the aforesaid appeal is filed by the petitioner within the aforesaid period, the learned Appellate Court shall entertain the same on its merit and shall make endeavor to decide the same expeditiously, say within a period of six month from the date of filing of the same. 9. It is also provided that in case petitioner prefers the aforesaid appeal along with an application for interim relief, the said application for interim relief shall be considered by the Appellate Court and appropriate orders on the same shall be passed in accordance with law within a period of one month from the date of its' filing. Needless to say that the petitioner shall positively cooperate with the Court concerned in the disposal of the case and shall not seek any unnecessary adjournments. 10. However, in the interest of justice, it is provided that in case the petitioner prefers the appeal along with application for interim relief within the time stipulated hereinabove; status-quo in respect of the nature and possession of the property, as exists today, shall be maintained by the parties. The interim order granted herein shall be available for a period of two months or till the disposal of the aforesaid application for interim relief; whichever is earlier. 11. With the aforesaid observations and directions, the present writ petition is disposed of. Order Date :- 26.5.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad