Neutral Citation No. - 2025:AHC:32435 Court No. - 34 Case :- WRIT - C No. - 637 of 2025 Petitioner :- Kali Charan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Singh,Dharmendra Kumar Counsel for Respondent :- 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 seeking following relief :- "Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 08-05-2023 and order dated 22-11-2024 passed by respondent no. 3 in case no. RST/2988/2023 Computerized Case No. T202314360202988 Ram Lakhan Vs. Gram Panchayat relating to Village Delhupur, Pargana- Gorwara, Tehsil Badlapur, District- Jaunpur. II-Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to start the proceeding of revocation application under order 9 rule 13 of C.P.C. which is still pending before him and decide the same within stipulated period which will be fixed by this Hon'ble Court." 3. Contention of learned counsel for the petitioner is that an ex parte order was passed under Section 24 of the U.P. Revenue Code, 2006 against the petitioner on 8.5.2023 against which petitioner filed a restoration application. Simultaneously, petitioner has also filed an appeal and the same has been dismissed. It has been further contended by learned counsel for the petitioner that in view of Section 209(h) of the U.P. Revenue Code, 2006 against the ex parte order, an appeal is barred and therefore, restoration application could not be dismissed on the ground of pendency of appeal, as a matter of fact, on the date of order, appeal itself was dismissed. 4. Though learned Standing Counsel could not deny the fact that appeal was barred by provisions of Section 209(h) of the U.P. Revenue Code and there was no impediment before respondent No.2 to decide the restoration application. 5. In view of these facts, I am not calling for counter affidavit and with the consent of learned counsel for the parties, this writ petition stands disposed of at the admission stage. Since the order is passed in the teeth of provision 209(h) of the U.P. Revenue Code, 2006, therefore, the order dated 22.11.2024 passed by respondent No.3 is hereby quashed with a direction to respondent No.3 to consider and decide the restoration application, filed by the petitioner, within twelve weeks from the date of production of a certified copy of this order after ensuring notice of service upon all the parties and after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 5.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad