Neutral Citation No. - 2025:AHC:55380 Court No. - 35 Case :- WRIT - C No. - 11144 of 2025 Petitioner :- Shri Babu Lal Shukla Ucchtar Madhyamik Vidyalaya, Through Its Manager Vishnu Kumar Shukla Respondent :- State Of Up And 3 Others Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "I. Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the order dated 16.10.2023 passed by Respondent No. 3 [Annexure No. 1 to the writ petition]. II. Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the order 28.02.2025 passed by Respondent No. 2 [Annexure No. 2 to the writ petition]. III. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to demolish/evict the Petitioner-Society from property in dispute. IV. Issue a writ, order or direction in the nature of mandamus restraining the respondents from recovering any amount from the Petitioner-Society." 3. Against an ex-parte order passed under Section 67 of the U.P. Revenue Code, 2006, an appeal was filed by the petitioner which has been dismissed on the ground of delay. 4. Learned Standing Counsel has submitted that against the ex- parte order, appeal will not lie in view of Section 209(h) of the U.P. Revenue Code, 2006 and proper remedy available to the petitioner was to file a restoration application against the initial order passed by the Tehsildar. 5. Learned counsel for the petitioner, at this stage submitted that he may be granted liberty to file a restoration application against the order passed by the Tehsildar. 6. In view of these facts, the present petition stands disposed of with liberty to the petitioner to move a restoration application within a period of two weeks from today. In case, such an application is moved by the petitioner, the same shall be considered and decided in accordance with law, expeditiously preferably within a period of three months after ensuring service upon all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. 7. It is needless to say that the restoration application will be decided without being influenced by the findings recorded by the Appellate Court as the appeal filed by the petitioner was not maintainable in view of Section 209(h). Order Date :- 16.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad