Mrs. Sunita Agarwal, J.

Heard Sri M.L. Maurya, learned counsel for the petitioner.

2. Amendment application filed today is taken on record. Amendment application is allowed. Let amendment be incorporated during the course of the day.

3. By means of the present writ petition, the petitioner is challenging the order dated 4.3.2015 passed in Misc. Case No. 1/23/11 wherein the execution application was admitted and parvana Dakhal has been issued. It appears that an objection was filed by the petitioner in execution that the release application under the U.P. Act No. 13 of 1972 cannot proceed for the reason that the premises in question was acquired under 'Malin Basti Act'.

4. This issue was adjudicated by the prescribed Authority and a finding has been recorded that the premises in question was never acquired under 'Malin Basti Act'. Against the order of Prescribed Authority, the petitioner has filed an appeal which has been dismissed for want of prosecution on 21.5.2014. It is admitted case of the petitioner that she has filed an application for restoration of the appeal on 31.5.2014 which is pending consideration. There is no averment in the writ petition that the petitioner