Neutral Citation No. - 2025:AHC:67591 Court No. - 35 Case :- WRIT - C No. - 12076 of 2025 Petitioner :- Rajat Robert And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Shukla Counsel for Respondent :- C.S.C.,Vibhu Rai Hon'ble Manish Kumar Nigam,J. Ref: Civil Misc. Amendment Application No. 2 of 2025. 1. Amendment application is allowed. 2. Learned counsel for the petitioners is permitted to carry out the amendment within three days. Order on Writ Petition. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following reliefs: "1. Issue a writ, order or direction in the nature of mandamus restraining the Nagar Nigam Gorakhpur not to dispossess the petitioners from the plot no. 470/1 area 75 dismil and not to change the nature of the disputed land during the pendency of the restoration application. 2. Issue a writ, order or direction in the nature of mandamus directing the Commissioner Gorakhpur Division, Gorakhpur decides the restoration application no. 201805000002501 filed by Nagar Nigam Gorakhpur in revision RST/435/135/151/1999/2016 computer case no. C201805000002501 J.S. Robert versus State of U.P. on merit after hearing the parties within the time. stipulated by this Hon'ble court. iii. Issue a writ order or direction in the nature of certiorari to quash the order dated 13.02.2020 passed by Commissioner, Gorakhpur Division, Gorakhpur (Annexure No. 8 to the writ petition) in Case No.RST/435/135/151/1999/2016 computer case no. C201805000002501 J.S. Robert versus State of U.P. " 3. Contention of learned counsel for the petitioners is that a decree was passed in favour of the predecessor in interest of the petitioners in a suit under Section 229-B of the U.P. Z.A. & L.R. Act, 1950 on 22.06.1972. After the decree, the name of the predecessor in interest of the petitioners was recorded in the revenue records. By an ex-parte order dated 04.12.1998, in proceedings under Section 33/39 of U.P. Land Revenue Act, 1901 revenue entry in favour of the petitioners was expunged. Against the said order, the petitioners filed a revision, which was allowed on 20.10.2011 and the order dated 04.12.1998 was set aside. After a lapse of about eight years, a restoration application has been filed by the Nagar Nigam on 10.12.2018 on which an order dated 13.02.2020 has been passed by the revisional court staying the operation of the order dated 20.10.2011. It has also been submitted by counsel for the petitioners that by order dated 13.02.2020, the Commissioner has called upon the Nagar Nigam to explain as to why the restoration application has been filed after such a long time but the order impugned in the restoration application was stayed. In the garb of the stay order, the respondent- Nagar Nigam is going to raise constructions despite the restoration application filed by the petitioner is still pending and the order passed in favour of the petitioners has not been set aside. 4. Learned Standing Counsel has submitted that since the restoration application filed by Nagar Nigam is pending, it would be in the interest of justice to direct respondent No. 2 to decide the restoration application in a time frame as may be fixed by this Court. 5. In view of the same, the present petition stands disposed of finally with a direction to respondent No.2 - Commissioner Gorakhpur Division, Gorakhpur to consider and decide the restoration application filed by Nagar Nigam, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. 6. Till disposal of the restoration application, parties are directed to maintain status quo and the respondent-Nagar Nigam is restrained from raising any construction over the land in dispute. 7. It is made clear that petitioners will not seek any undue adjournment in the matter to keep the proceedings pending and in case, the petitioners seek unnecessary adjournment, the interim order granted by this Court shall stand automatically vacated. Order Date :- 30.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad