Neutral Citation No. - 2025:AHC-LKO:45076 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4547 of 2025 Petitioner :- Suneel Kumar Chaudhary And 7 Others Respondent :- State Of U.P. Thru. Collector Lko. And 3 Others Counsel for Petitioner :- Lokendra Kumar Gupta,Mirza Humayun Qadar,Pankaj Gupta,Ravendra Pratap Singh Counsel for Respondent :- C.S.C.,Nagendra Kumar Khare,Namit Sharma,Nehil Khare Hon'ble Alok Mathur,J. 1. Heard Sri L.K. Gupt, learned counsel for petitioners as well as learned Standing Counsel for the State respondent Nos. 1 & 2, Sri Mohd. Arif Khan, learned Senior Counsel assisted by Sri Mohd. Aslam Khan, Advocate who has filed Vakalatnama on behalf of respondent No. 3 and Ms. Shanti Sahu, Advocate who has filed Vakalatnama on behalf of Nagar Nigam. 2. It has been submitted by learned counsel for petitioners that proceedings U/S 171, 172 and 180 were initiated against the petitioner under the U.P. Tenancy Act, 1939 before SDM, Lucknow wherein an application for interim relief was preferred by the respondents on which the order dated 03.04.2025 has been passed directed the parties not to alienate the disputed property and further they have been restrained from raising any construction. 3. Learned counsel for petitioner submits that on the date fixed, counsel for petitioner did not appear and consequently the ex- parte order has been passed. He submits that the order patently suffers from non- application of mind inasmuch as none of the grounds relevant for granting an interim injunction have been considered. 4. Learned counsel for respondents on the other hand submits that petitioner has an efficacious remedy of filing an application for recall U/S 209 of U.P. Revenue Code. 5. At this stage, learned counsel for petitioner submits that he has already preferred an application for recall on 16.05.2025 but the same has not been numbered or decided by respondent No. 2 in the aforesaid proceedings and submits that the grievance of the petitioner shall be redressed in case respondent no. 2 is directed to consider and decided the application of recall filed by the petitioner on 16.05.2025. 6. Learned counsel for respondents do not oppose the innocuous prayer made by learned counsel for petitioner. 7. Accordingly, in light of the above, with the consent of the parties, the writ petition is disposed of with a direction to respondent No. 2 to consider and decide the application for recall of the order dated 03.04.2025, expeditiously, say, within a period of six weeks from the date a certified copy of this order is produced before him in accordance with law. 8. Parties before this Court undertake to cooperate in the proceeding before respondent No. 2. (Alok Mathur, J.) Order Date :- 4.8.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench