Neutral Citation No. - 2025:AHC:79134 Court No. - 34 Case :- WRIT - C No. - 32119 of 2024 Petitioner :- Achhan Khan And 5 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Ashok Kumar Giri Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Arvind Pramod Dubey, Advocate holding brief of Sri Ashok Kumar Giri, learned counsel for the petitioners and Sri Awadhesh Kumar Patel, learned Standing Counsel for the State-respondents. 2. By means of the present writ petition, the petitioners have challenged the order dated 28.03.2024 passed by the Additional Commissioner (II), Muradabad Division, Muradabad (respondent no.3) as well as the judgment and decree dated 28.07.2022 and 26.09.2022 passed by the Sub Divisional Officer, Chandausi, Tehsil- Chandausi, District- Sambhal (respondent no.4). 3. Precisely, the submission of the learned counsel for the petitioner is that the there are Gata(s) i.e. 729 and 473M in Khata No.346 and the parties are co-sharer, but the partition suit has been filed only with regard to Gata No.473M. He submits that even prior to the consolidation operation, the parties are having possession of the land in dispute as per their family settlement. The contention of the learned counsel for the petitioner is that without conducting any spot inspection and without any basis, the Lekhpal concerned carved out the shares of the parties. He further submits that objections against the Kurra Phat has also not been considered in accordance with the provisions of the U.P. Revenue Code, 2006 and the rules framed thereunder but the same has not been taken into consideration by the court below. 4. Learned Standing Counsel appearing on behalf of the State raised preliminary objection regarding the entertainability of the writ petition on the ground of availability of a statutory remedy of appeal as provided under Section 208 of the U.P. Revenue Code, 2006. 5. Learned counsel for the petitioners could not dispute the aforesaid legal objection regarding the availability of statutory remedy under the U.P. Revenue Code, 2006. However, he contended that the availability of the statutory remedy is not a bar for this Court to entertain the writ petition. 6. Taking into consideration the aforesaid situation, without adverting on the merits of the case, this Court is of the view to dispose of the present writ petition with liberty to the petitioner to prefer an appeal under Section 208 of the U.P. Revenue Code, 2006 before the court concerned within a period of 15 days from today. 7. It is provided that in case such an appeal is filed by the petitioner under Section 208 of the U.P. Revenue Code, 2006 before the Court concerned within the aforesaid period as fixed by this Court herein above, the learned Appellate Court shall entertain the said Appeal on merits and shall decide the same, strictly in accordance with law, expeditiously say preferably within a period of six months, as provided under Sub Rule 4 of Rule 183 of the U.P. Revenue Code Rules, 2016. 8. With the aforesaid liberty and direction, the present writ petition is disposed of. Order Date :- 13.5.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad