HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35407 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Sri Ramesh Chandra Diwedi, learned counsel for the petitioner, Sri Dinesh Kumar Tiwari, learned Standing Counsel for the State and Sri Pradeep Singh, learned counsel for the Gaon Sabha. 2. The instant petition has been filed for the following reliefs:- i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to decide the restoration application no. 5 of 2026 petitioners dated 27.07.2026 (Annexure no.1) within stipulated period which may be fixed by this Hon'ble Court. ii). Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to stay the effect and operation of order dated 09-06-2026 (Annexure no.8) passed in appeal no. 919 of 2026 computerized case no. D202616530000919 till deciding the Restoration application no. 5 of 2026. iii) Issue any other and further order as this Hon'ble Court may deem fit and proper under the circumstances of the case. iv) Award the costs of the petition to the petitioners. 3. Learned counsel for the petitioner submitted that the order for eviction Versus Counsel for Petitioner(s) : Ramesh Chandra Dwivedi, Soumyesh Dutt Tripathi Counsel for Respondent(s) : C.S.C., Pradeep Singh Bhagwan Prasad And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) and damages has been passed against petitioner no. 2 in an illegal and arbitrary manner. He further submitted that the restoration application filed on behalf of petitioner no. 2 has been rejected by the Tehsildar, accordingly, an appeal under Section 67(5) of the U.P. Revenue Code, 2006 was filed on behalf of the petitioner no. 2, which was dismissed by the District Magistrate vide order dated 09.06.2026. He further submitted that another appeal filed by brother of the petitioner no. 2 has been allowed, vide order dated 11.06.2026 setting aside the order of Tehsildar passed against him and matter has been remitted back before the Tehsildar with a direction to decide the proceedings afresh. He submitted that in view of the appellate order dated 11.06.2026 passed in the appeal filed by the brother of the petitioner no. 2, the petitioner has filed a restoration application dated 17.06.2026 against the appellate order dated 09.06.2026, which is pending. He further submitted that an appropriate direction be issued for expeditious disposal of restoration application dated 17.06.2026 within a time bound period and, till the disposal of the restoration application, the order passed by Tehsildar should be kept in abeyance. 4. Learned Standing Counsel for the State and learned counsel for the Gaon Sabha submitted that no interference is required in the matter, as the restoration application filed by the petitioner is pending before the District Magistrate and petitioner can press the restoration application before the District Magistrate rather writ petition before this Court. They further submitted that against the order passed on merit, a restoration application cannot be entertained. 5. I have considered the arguments advanced by the learned counsel for the petitioners, learned Standing Counsel for the State; learned counsel for the Gaon Sabha and perused the record. 6. There is no dispute about the fact that the appeal filed by the petitioner no.2 has been dismissed by the District Magistrate on 09.06.2026 and the restoration application dated 17.06.2026 filed on behalf of the petitioner no. 2 is pending before respondent no. 2. 7. Considering the circumstances of the case, the interest of justice WRIC No. 35407 of 2026 2 requires that respondent no. 2 should decide the pending restoration application expeditiously. 8. Considering the entire facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no. 2-District Magistrate-Mirzapur to decide the restoration application dated 17.06.2026 filed by the petitioner no. 2 expeditiously, preferably within a period of six weeks' from the date of production of a certified copy of this order, after affording proper opportunity of hearing to the parties. September 8, 2026 Neetu WRIC No. 35407 of 2026 3 (Chandra Kumar Rai,J.) Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad