Neutral Citation No. - 2025:AHC:31448 Court No. - 7 Case :- WRIT - C No. - 4596 of 2025 Petitioner :- Abul Farah Chaudhary And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Srivastava,Vijay Bahadur Vishwakarma Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel on behalf of State respondents. 2. It is argued that the father of the petitioners filed a suit number 17 of 1996 (Hafeez Ahmad & another Vs. State of U.P. & another) under section 229-B UPZA & LR Act for declaring the petitioners as Bhumidhar over the properties in question. The defendants in the aforesaid suit filed the written statement on 15.05.1998. During the pendency of the aforesaid suit the original plaintiff Hafeez Ahmad and Luttan Singh expired and their legal heirs namely the petitioners have been substituted by means of order dated 26.06.2004. The aforesaid suit was dismissed in default by means of order dated 26.09.2015. Against this order a Restoration Application No. 46/17 was filed by the plaintiffs on 26.09.2015 which is still pending. 3. It is further argued that taking advantage of the pendency of the aforesaid Restoration Application as well as suit the concerned Lekhpal with employees of Jal Nigam came over the properties in question and asked them to vacate the premises in question. Aggrieved against the aforesaid the petitioners moved an application before Tehsildar, Chunar, District Mirzapur on 10.05.2024 since no decision has been taken on the same. The petitioners approached this Court by means of filing writ petition No. 19877 of 2024 (Abdul Farah Chaudhary and others Vs. State of U.P. & others) on 24.10.2024 which has been dismissed as withdrawn with liberty to the petitioners to pursue the remedy as available to him under the law. Subsequent to the same the petitioners moved an application dated 25.01.2025 before the court concerned to decide the matter and during the pendency of the application restrain the respondents from interfering in the possession of the petitioner over the properties in question. 4. It is argued as stated in paragraph 4 of the supplementary affidavit that on 21.02.2025 the petitioners as well as the counsel for the petitioners have appeared before the court below and the presiding officer was not present. In this view of the matter the following order was passed on 21.02.2025:- "आज पपेश। अधधिवकक्ता गण न्यक्ताय कक्तायर सपे ववरत हह। पतक्तावलली वदिनक्तानांक :- 21.03.25 कको वक्तास्तपे रपे० प० ससु० पपेश हको। " 5. It is further argued that matter is extremely urgent and urgent hearing in the matter is required before the court below. 6. Heard counsel for the parties and perused the record. 7. In this view of the matter and also in the interest of justice the present petition is finally disposed of permitting the petitioners to file a certified copy of this order before the court below within three days' from today, if it is so, the court below is directed to take up the matter on urgent basis and first of all decide the restoration application expeditiously and preferably within a period of three weeks' from the date of submission of certified copy of this order. The court below is further directed to pass appropriate orders in the application dated 25.01.2025 filed by the petitioner, after the necessary orders were passed on the restoration application within three weeks' thereafter. 9. It is made clear that the petitioners are free to approach this Court again if any adverse order is passed against them by the court below or no decision has been taken by the court concerned as per provisions. Order Date :- 5.3.2025/Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad