JUDGMENT :

Chandra Kumar Rai, J.

Civil Misc. Delay Condonation Application No. 78188 of 2016 and Civil Misc. Recall/Restoration Application No.78189 of 2016

1. Heard Mr. H.N. Singh, learned Senior Counsel assisted by Mr. Vineet Kumar Singh and Mr. Kapil Tyagi, learned counsel for the petitioner and Mr. M.D. Mishra, learned counsel assisted by Mr. S.N. Tiwari learned counsel for respondent No.2.

2.The instant restoration application along with delay condonation application have been filed to recall the order dated 19.11.2014 dismissing the writ petition as infructuous.

3. Mr. M.D. Mishra, learned counsel appearing for respondent No.2 submitted that delay has not been properly explained, as such the restoration application is liable to be rejected as time barred. He further submitted that respondent No.3 is dead as such writ petition cannot be restored unless notices are served upon proposed heirs of deceased respondent No.3.

4. Learned counsel for the petitioner submitted that writ petition arises out of chak allotment proceeding and interim order was granted in the year 1985 when the writ petition was entrained as such it requires adjudication of dispute on merit rather dismissing the wr