Neutral Citation No. - 2025:AHC-LKO:10427 Court No. - 19 Case :- WRIT - C No. - 1596 of 2025 Petitioner :- Tauqueer Alam Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Neeraj Tewari Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 to 4 and Mr. Mohan Singh learned counsel for opposite party No.6. In view of order being passed, notice to opposite party No. 5 stands dispensed with. 2. Petition has been field challenging order dated 10th October, 2024 passed in suit No. R.S.T. 19269/2024 instituted under section 209(h) of the U.P. Revenue Code. 3. It has been submitted that earlier petitioner had filed an application under Section 25 of the Revenue Code which was allowed after hearing all the parties concerned by means of order dated 21st September, 2024 against which the opposite party No.5 preferred an application for recall under Section 209 (h) of the Act in which by means of impugned order dated 10th October, 2024, the operation of order dated 21st September, 2024 has been stayed granting time to petitioner to file his objections. 4. It is submitted that from a bare perusal of order dated 21st September, 2024, it is discernible that the same was passed after hearing all the parties concerned and was in fact not an ex parte order due to which an application under section 209(h) of the U.P. Revenue Code 2006 was not maintainable. In case the concerned opposite party was aggrieved by the order dated 21st September, 2024, he had a remedy of filing revision under Section 27 of the U.P. Revenue Code. 5. Learned counsel for opposite parties have refuted submissions advanced by learned counsel for petitioner with submission that by means of impugned order, operation of order dated 21st September, 2024 has been stayed granting liberty to petitioner to file his objections which he did not file till date before the authority concerned. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that by means of impugned order, operation of earlier order dated 21st September, 2021 was stayed granting time to the petitioner to file his objections. The order has been passed only on the ground that earlier order dated 21st September, 2024 was an ex parte order. 7. The aspect as to whether order dated 21st September, 2024 was in fact an ex parte order was not is a disputed question of fact and would be required to be adjudicated upon by the authority concerned. 8. In view thereof, liberty is granted to petitioner to file his objections in terms of the impugned order dated 10th October, 2024 to the application for recall of order dated 21st September, 2024. Liberty is granted to the petitioner to take all the available pleas in his objections. 9. In case such an objection is filed, the authority concerned shall consider and decide the same expeditiously, preferably within a period of six weeks from the date of his presentation. 10. With the aforesaid directions,the petition stands disposed of. Order Date :- 18.2.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench