Yogesh Chandra Gupta, J.;— Counter affidavit and rejoinder affidavit have been exchanged between the parties in the present case. The Writ Petition is being disposed of at this stage with the consent of the learned counsel for the parties. The present Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 21.9.2010 (Annexure 9 to the Writ Petition) passed by the Assistant Electoral Registration Officer/Up Zila Adhikari, Bairiya, District Ballia. It is, inter-alia, averred in the Writ Petition that the petitioners were ordinary residents of Village Dalpatpur, Post Office Jamalpur, Block Bairiya, District Ballia; and that the names of the petitioners were included in the electoral roll of Gram Panchayat Dalpatpur, Block Bairiya, District Ballia; and that the names of the petitioners were deleted from the electoral roll of Gram Panchayat Dalpatpur and were included in the electoral roll of Gram Panchayat Chakia and Gram Panchayat Daya Chhapara; and that the petitioners filed objections before the District Electoral Officer/District Magistrate Ballia; and that when nothing was done in the matter, the Petitioner No. 1 (Surya Nath Yadav) approached this Court by filing a Writ Petition being Civil Misc. Writ Petition No. 11248 of 2010; and that the said Civil Misc. Writ Petition No. 11248 of 2010 was dismissed by this Court by the order dated 09.03.2010 with the observation that "the petitioner may seek his remedy in accordance with the 1994 Rules" [i.e., the U.P. Panchayat Raj (Registration of Electors) Rules, 1994 framed under the U.P. Panchayat Raj Act, 1947]; and that the petitioners filed a representation dated 19.4.2010 before the District Registration Officer/District Magistrate, Ballia along with certified copy of the said order dated 9.3.2010 passed by this Court; and that the District Electoral Registration Officer/District Magistrate, Ballia directed the Assistant Electoral Registration Officer/Up Zila Adhikari Bairiya, District Ballia to consider the objections of the petitioners; and that there- upon the Assistant Electoral Officer/Up Zila Adhikari, Bairiya, District Ballia sent an order/communication dated 21.7.2010 (Annexure 5 to the Writ Petition) intimating that the names of the petitioners were included in the amended electoral list of Gram Panchayat Dalpatpur; and that after final publication of the voter list of Gram Panchayat Dalpatpur, one Ramji Yadav (respondent no. 6 herein) filed objections on 09.09.2010 praying for deleting the names of the petitioners along with 165 other persons from the electoral roll of Gram Panchayat Dalpatpur; and that thereafter the Assistant Electoral Registration Officer/Up Zila Adhikari, Bairiya, District Ballia issued the impugned order/communication dated 21.9.2010 (Annexure 9 to the Writ Petition), inter-alia, directing for deletion of the names of the petitioners from the electoral roll of Gram Panchayat Dalpatpur. The petitioners have thereafter filed the present Writ Petition seeking the reliefs as mentioned above. In the counter affidavit filed on behalf of the respondent nos. 3, 4 and 5, the averments made in the Writ Petition have been denied. It has, inter-alia, been stated in the counter affidavit that the petitioners are not ordinary residents of Village Dalpatpur, and their names were never included in the electoral roll of Gram Panchayat Dalpatpur. It has also been stated in the counter affidavit that the order dated 21.7.2010 mentioned in the Writ Petition was not on record. The petitioners have filed their rejoinder affidavit reiterating the averments made in the Writ Petition. It will thus be noticed that various disputed questions of fact are involved in the present Writ Petition. From the averments made in paragraph 33 of the Writ Petition, it is evident that against the said order/communication dated 21.9.2010, which has been impugned in the present Writ Petition, the petitioners had already filed an appeal before the District Electoral Registration Officer/District Magistrate, Ballia, and the said appeal was pending at the time of filing of the present Writ Petition. The present Writ Petition appears to have been entertained and interim order was passed on account of the circumstances mentioned in paragraph 34 of the Writ Petition, namely, that the election of the Panchayt, Second Phase was going to be held in the District Ballia. This is evident from the order dated 26.11.2010 passed by this Court on Civil Misc. Impleadment Application No. 299034 of 2010 wherein, inter-alia, it has been observed: "The Writ Petition was filed on the eve of the elections by two persons. The interim order was passed on the urgency that they were not able to fill up the nomination forms on account of the deletion of their names from voter list". It is not disputed that the election of Panchayat in the District Ballia has since been held. The interim order was passed on the urgency that they were not able to fill up the nomination forms on account of the deletion of their names from voter list". It is not disputed that the election of Panchayat in the District Ballia has since been held. From the above, it is evident that the petitioner had already filed an appeal before the District Electoral Registration Officer/District Magistrate, Ballia as per the provisions contained in Rule 21-A of the U.P Panchayat Raj (Registration of Electors) Rules, 1994 against the order/communication dated 21.9.2010 which has been impugned in the present Writ Petition. The said appeal is stated to be still pending before the District Electoral Registration Officer/District Magistrate, Ballia (respondent no. 3). In view of the fact that the petitioners had already availed of alternative remedy of appeal before filing the present Writ Petition and also in view of the nature of controversy involved in the present Writ Petition, we are not inclined to exercise our Writ Jurisdiction under Article 226 of the Constitution of India in the present case. The Writ Petition is liable to be dismissed on the ground that the petitioners are availing of alternative remedy of appeal against the order/communication dated 21.9.2010 impugned in the present Writ Petition, and the Writ Petition is accordingly dismissed on the said ground. However, on the facts and in the circumstances of the case, there will be no order as to costs. It is made clear that we have not adjudicated upon the claim of the petitioners on merits. _____________