Neutral Citation No. - 2025:AHC:41005 Court No. - 44 Case :- WRIT - C No. - 4438 of 2025 Petitioner :- Tejpal And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Gupta Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents. 2. It appears from the record that a one page order was passed on 04.10.2024 directing dispossession of the petitioners and imposing damages upon them to the tune of Rs. 6,17,400/- in the proceedings under Section 67 of U.P. Revenue Code 2006. Pursuant thereto a recovery citation was issued on 12.12.2024, which has been challenged in the present writ petition. 3. Submission is that since petitioners were not aware of the proceedings and aforesaid order was ex parte, having come to know about the recovery proceedings and the order, a recall application was filed in December, 2024 which is still pending and, during pendency thereof, the recovery citation is being enforced against the petitioners. A prayer has been made to quash the recovery citation with certain ancillary prayers. 4. Considering the nature of proceedings and the order passed on 04.10.2024 and proximity of dates involved in the litigation coupled with the fact that there is a remedy of recall of an ex parte order and appeal is barred under Section 209(h) of the Code, interest of justice would be served if recall application is decided on its own merits and considering the quantum of damages imposed and the status of the petitioners, who are villagers, the writ petition requires disposal with certain observations. 5. The writ petition is disposed of with the following directions:- (a) Respondent no. 3 (Tehsildar, Tehsil-Sadar, District Shahjahanpur) is directed to decide the restoration application on its own merits by 15.05.2025, after affording opportunity of hearing to the concerned parties, provided a copy of this order is filed before the respondent no. 3 within ten days from today. (b) Till decision on the restoration application, no coercive measure shall be taken against the petitioners pursuant to the recovery citation dated 12.12.2024. 6. It is made clear that this Court has not expressed any opinion on the merits of the recall application. Order Date :- 20.3.2025 Pkb/ Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad