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Neutral Citation No. - 2025:AHC:66367 Court No. - 35 Case :- WRIT - C No. - 12905 of 2025 Petitioner :- Tota Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satendra Kumar Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for the following reliefs:-
"a) Issue a writ, order or direction, in the nature of CERTIORARI quashing the impugned order dated 12.11.2024(Annexure No.2) passed by the respondent No.2. (b) Issue a writ, order or direction, in the nature of MANDAMUS commanding the respondent authorities to not to dispossess the Petitioner over the Gata No.87 situated at village Gailua, Tehsil and District Sambhal which is allotted in favour of the Petitioner."
3. Contention of learned counsel for the petitioner is that an ex-parte order dated 12.11.2024, under Section 67 of U.P. Revenue Code, 2006 has been passed against the petitioner. Thereafter, a recovery citation dated 28.02.2025 has been issued against the petitioner to recover the amount of Rs. 4,71,600/-. Against the order dated 12.11.2024, the petitioner has filed a recall application, which is pending
consideration. It is further submitted that during the pendency of the recall/restoration application, the respondents are continuously trying to dispossess the petitioner as well as trying to recover the amount of recovery citation dated
28.02.2025.
4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and respondent no. 2 be directed to decide the restoration application in a time frame as may be directed by this Court.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2 to consider and decide the aforementioned restoration application filed by the petitioner, 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 ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other
legal impediment.
6. It is further provided that till the disposal of the restoration application, no coercive action shall be taken against the petitioner in pursuance of order dated 12.11.2024, passed by respondent no. 2 and the petitioner will cooperate in disposal of the restoration application and will not seek any undue adjournment to linger on the proceedings.
7. It is made clear that in case, an attempt is being made by the petitioner to linger on the proceedings of restoration application, the interim protection granted by this Court, shall automatically stands vacated.
Order Date :- 29.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad