Neutral Citation No. - 2025:AHC:42507 Court No. - 35 Case :- WRIT - C No. - 8508 of 2025 Petitioner :- Smt. Pinki Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Kishore Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed with the following prayer: "i) Issue a writ, order or direction in the nature of certiorari quashing the order 31.08.2019 by the learned Additional District Magistrate (Protocol), Varanasi in Case No.06031 of 2018 computerized case no.D201814700006031 (Smt. Pinki Tiwari vs. State), under Section 67(5) U.P. Revenue Code, 2006 (contained as Annexure no.7 to this writ petition) and the order dated 20.03.2018 passed by Tehsildar Sadar (contained as Annexure no.6 to this writ petition). ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents not to recover any amount from the petitioner in pursuance of the order dated 31.08.2019 and 20.03.2018 passed by respondent no.2 and 3 respectively during pendency of the writ petition." 3. Contention of the learned counsel for the petitioner is that an ex parte order under Section 67 was passed against the petitioner. Under a wrong advise, the petitioner filed an appeal, which was dismissed. Thereafter, the petitioner filed a restoration application for recalling the order dated 20.03.2028, the said application has also been rejected. 4. Learned Standing Counsel has submitted that against an ex parte order in view of Section 209-h of the UP Revenue Code, 2006, appeal is not maintainable and the only remedy open to the petitioner to file a restoration application. Since, the restoration application has also been rejected by the Tehsildar, the petitioner will have a remedy of filing an appeal against the order rejecting the restoration application. 5. In view of the same, I am not inclined to entertain the instant petition. 6. The writ petition in disposed of with the liberty to avail the remedy of appeal and earlier findings recorded by the appellate court will not come in the way of the petitioner as the appeal was barred by Section 209-h of Uttar Pradesh Revenue Code, 2006. Order Date :- 24.3.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad