HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13436 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. This writ petition has been filed with the following prayers :- i. Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 01.09.2025 and 01.02.2024 passed by the opp. Party no. 2 as well as impugned orders dated 26.04.2011, 22.08.2011 and 20.12.2011 passed by the opp. party no. 3,4and 5 contained in annexure no. 1, 2, 3, 4 & 5 to this writ petition in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus commanding the opp. Parties to provide the all service consequential benefits in the interest of justice. We have gone through the pleadings on record and also heard learned counsel for the petitioner and learned standing counsel for the State-respondents. It is the case of the petitioner that his counsel did not inform him about the dismissal of his claim petition and as soon as he came to know of such dismissal, he filed a recall application. In the order impugned in this writ petition, the following observations have been made :- Heard Ld. counsel for both the parties on application for Versus Counsel for Petitioner(s) : Gulam Ali Rashidi, Ram Chandra Dwivedi, Uday Pratap Singh Counsel for Respondent(s) : C.S.C., Shikhar Anand Javed Aslam .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others .....Respondent(s) restoration dated 24.12.2024, by which, prayer for recall of the order dated 1.2.2024, dismissing the petition in default, has been made. The main grounds, taken in the restoration application are that earlier counsel for the petitioner could not appear before the Tribunal and the petitioner faith was that his earlier counsel shall appear on his behalf and as such he also, could not appear before the Tribunal and the claim petition has been dismissed in default. A perusal of the order sheet dated 1.2.2024 shows that when the case was dismissed in default, a copy of this order was sent to the petitioner and also, OP No.2 as is acknowledged on the order sheet itself and hence, we are of the opinion that the petitioner was having knowledge of his case being dismissed in default, even he filed application for recall of the order after a lapse of about ten months and therefore, this long delay cannot be condoned. Thus, the application dated 24.12.2024 for restoration/recall of the order dated 1.2.2024 is hereby rejected. Inform parties. It is evident that the petitioner filed a false affidavit before the Tribunal, indicating that he had no knowledge of the order of dismissal for want of prosecution of his claim petition. The petitioner should be thankful that the Tribunal did not initiate proceedings under Section 340 Cr.P.C. read with Section 195 I.P.C. (Section 379 B.N.S.S. read with Section 231 B.N.S.). We do not find any good ground to show interference in the order impugned. Accordingly, the writ petition stands dismissed. November 19, 2025 Ashish Dewal WRIA No. 13436 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench