HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38664 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Ashutosh Pandey, learned counsel for petitioner and Sri Brij Raj Verma, learned counsel for respondents. 2. At the outset, Court considers preliminary objection by learned counsel for respondents regarding maintainability of this writ petition since there is an alternative remedy. 3. Learned counsel for petitioner has not denied about alternative remedy and that there are grounds to file present writ petition at first instance, however, Court does not find any ground to entertain this writ petition at first instance. An argument that if an appeal is filed against impugned order, the petitioner has to pay entire demand of about Rs. 2,38,000/- cannot be accepted since it is a statutory remedy. 4. Otherwise also, declaration made in paragraph 16 of writ petition is not correct and that the Appellate Authority has power to consider all issues on facts and law. 5. In view of above, this writ petition at first instance is not maintainable, however, this order will not come in the way if petitioner files an appeal and in case an appeal is filed within 3 weeks from today, concerned Versus Counsel for Petitioner(s) : Ashutosh Pandey Counsel for Respondent(s) : Brij Raj Verma, C.S.C., Kuldeep Johri General Manager, Bisalpur Kisan Cooperative Sugar Mills, Limited .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Authority will consider and decide the same expeditiously in accordance with law. 6. So far as prayer for interim relief is concerned, if any application is filed along with the appeal, the same will be considered in accordance with law expeditiously preferably within six weeks from the date of filing said application. 7. With aforesaid observations, this writ petition is disposed of. September 24, 2026 AK WRIC No. 38664 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad