HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 1062 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Gaurav Kumar Asami, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. By means of present writ petition the petitioner has challenged order dated 06.08.2025, passed in Second Appeal No. 1059/2021/Sitapur - Vidya Junior High School Humayupur Vs. State of U.P., where an application for restoration made by the petitioner has been dismissed. 3. It has been submitted by learned counsel for the petitioner that petitioner had filed an appeal before the Board of Revenue, U.P. Lucknow against cancellation of Patta, which proceedings were pending and no appearance can be made on behalf of petitioner on 30.08.2022, due to which the case was dismissed for want of prosecution. The petitioner has filed an application for restoration on 07.10.2022, through there was delay of few days and reason for condonation of delay was that during pendency of the proceedings counsel for the petitioner had passed away, due to which no appearance can be made on behalf of petitioner on the date fixed. The Board of Revenue without considering the aforesaid aspect of the matter rejected the application of restoration. 4. Considering the fact that delay is only of few days and reason given is that the petitioner was not aware about death of his counsel, which is sufficient for condonation of delay. Versus Counsel for Petitioner(s) : Gaurav Kumar Hasani, Sanjay Kumar Counsel for Respondent(s) : C.S.C. Vidya Junior High School, Sitapur Thru. Manager Suresh Singh Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s) 5. Accordingly, order dated 06.08.2025 is set aside. Appeal of the petitioner being Second Appeal No. 1059/2021/Sitapur - Vidya Junior High School Humayupur Vs. State of U.P. is restored to its original number. Board of Revenue is directed to consider and decide the appeal expeditiously, in accordance with law. 6. Writ petition stands allowed. November 7, 2025 A. Verma WRIB No. 1062 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench