JUDGMENT :

KSHITIJ SHAILENDRA, J.

1. Heard Shri Amish Kumar Srivastava along with Ms. Sanju Lata, learned counsel for the petitioner, learned Standing Counsel for the State/respondents and Shri Kaushal Kishore Mani, learned counsel for respondent No. 4.

2. The petitioner has made two prayers in the writ petition. The first prayer is for quashing of the order dated 04.01.2023, whereby the Tehsildar concerned has directed eviction of the petitioner in the proceedings under section 67 of U.P. Revenue Code, 2006 and also imposed penalty to the extent of Rs. 1,36,600/-. The second prayer is for deciding the restoration application filed by the petitioner on 16.01.2023 seeking recall of the order dated 04.01.2023.

3. Learned counsel for the petitioner submits that the Tehsildar, Nakud, Saharanpur issued a notice dated 26.12.2022 in purported exercise of powers under section 67 (2) of U.P. Revenue Code, 2006 calling upon the petitioner to remove his alleged unauthorised possession within a period of two days fixing 28.12.2022 at 10.00 a.m. for compliance of notice and to show cause. The n