Neutral Citation No. - 2025:AHC:91083 Court No. - 34 Case :- WRIT - C No. - 15227 of 2025 Petitioner :- Amit Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.,Rajesh Kumar Singh,Sudhir Bharti Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Rajesh Kumar Dubey, learned counsel for the petitioner; Sri Dhananjay Singh, learned Standing Counsel for the State-respondents and Sri Sudhir Bharti, learned counsel for the Land Management Committee-respondent no.4. 2. By means of the present writ petition, the petitioner has challenged the order dated 24.09.2024 passed by the Collector, District- Kushinagar (respondent no.2) in Case No. 2552/2023 (Amit versus Gaon Sabha), under Section 67(5) of the U.P. Revenue Code, 2006 as well as the order dated 17.10.2023 passed by the Tehsildar (respondent no.3) in Case No. 6996 of 2022, under Section 67 of the U.P. Revenue Code, 2006. 3. The contention of the learned counsel for the petitioner is that against the order dated 24.09.2024 passed by the respondent no.2 under Section 67(5) of the U.P. Revenue Code, 2006, the petitioner preferred a restoration application before the respondent no.2 on 09.10.2024. The said restoration application is still pending for adjudication. 4. It has been submitted by the learned counsel for the petitioner that although the restoration application against the appellate order dated 24.09.2024 is pending adjudication before the competent court, the Revenue Inspector issued a notice dated 01.04.2025 to the petitioner which was pasted on the disputed land on 15.04.2025, whereby the petitioner was directed to remove the alleged encroachment within 15 days. 5. This Court vide order dated 14.05.2025 directed the learned Standing Counsel to seek instructions in the matter. 6. Learned Standing Counsel appearing on behalf of the State-respondents submits that he has received instructions from the office of the Tehsildar, Padrauna, District- Kushinagar. On the basis of the said instructions, he submits that the notice dated 01.04.2025, as stated in para 14 and 15 of the writ petition, has been withdrawn by the Tehsildar, Padrauna, vide order dated 27.05.2025. For ready reference, the aforesaid order is reproduced as under: "आददेश शश्री रतन जजायसवजाल पपुत्र नवरददेश्वर जजायसवजाल व शश्री अशशोक कपु मजार जजायसवजाल पपुत्र नजागदेश्वर जजायसवजाल ननसजावश्री - गजाम गजागांगरजानश्री तहसश्रील पडररौनजा व शश्री अनमत नमशजा पपुत्र व्यजास नमशजा ननवजासश्री गजाम - सहजवललयजा तहसश्रील पडररौनजा जनपद कपु शश्रीनगर कदे नवरुद रजाजस्व ननरश्रीक्षक कपु बदेरस्थजान दजारजा त्रपुनटिपपूरर रुप सदे ननगरत नशोनटिस नदनजागांक 01.04.2025 वजापस ललयजा जजातजा हहै।" 7. It has also been submitted by the learned Standing Counsel that the restoration proceeding having Case No. RST/422/2025 against the order dated 24.09.2024 passed by the respondent no.2 is pending before the learned Collector, District- Kushinagar and the next date fixed in the matter is 28.05.2025. 8. In view of the aforesaid facts and circumstances, more particularly when the notice dated 01.04.2025 has already been withdrawn vide order dated 27.05.2025 and the order impugned in the present writ petition is under challenge in restoration proceeding having Case No. RST/422/2025, and 28.05.2025 is the next date fixed for hearing, no useful purpose would be served to keep the writ petition pending. 9. Accordingly, without adverting on the merits of the case, the present writ petition is disposed of with a direction to the Collector, District- Kushinagar (respondent no.2) to expeditiously dispose of the aforesaid restoration Case No. RST/422/2025, strictly in accordance with law, by a reasoned order on merit after affording due opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, as per Clause 479 of the U.P. Revenue Court Manual, unless there is any legal impediment. It is further directed that no unnecessary adjournments will be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances. Order Date :- 27.5.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad