Restoration of proceedings under Section 67A(1) of the U.P. Revenue Code requires proper opportunity for hearing to all parties involved.

JUDGMENT :

Chandra Kumar Rai, J.

1.Heard Mr. Ajai Kumar Rai holding brief of Mr. Sanjay Kumar Srivastava, leaned counsel for the petitioner, Mr. Chandra Prakash Yadav, learned Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, learned counsel for respondent No.6-Gram Sabha.

2.Brief facts of the case are that plot No- 850M area 0.0090 hectare situated in village - Bheelampur chhapra, Pergana - Atraulia, Tehasil - Budhanpur, District - Azamgarh was recorded as Navin Patri in the revenue record. A report dated 20.3.2018 was submitted that petitioner is in possession of 0.009 hectare area of plot No - 850M since before 29.11.2012 by raising residential mandai over the same as such the plot No - 850M area 0.0090 hectare is to be recorded as abadi class 6(2) after expunging the entry of Navin Patri, the same was registered as Case No - 58 under section - 67A(1) of U.P. Revenue Code 2006 Report Versus Surendra Kumar Rai before respondent No-5/ Sub Divisional officer, Budhampur, Azamgarh and the same was finally decided by respondent No-5 Vide order dated 6.4.2018 approving the report dated 20.3.2018 and plot No - 850M area 0.0090 hectare was ordered to be recorded as Abadi Class 6(2) expunging the entry of Navin Patri. Against the order dated 6.4.2018 passed by respondent No-5 one Surya kumar filed a restoration application dated 22.5.2018. Petitioner's brother (respondent No - 7 to 10) also filed a restoration application dated 5.6.2018/ 19.6.2018. Petitioner filed his objection dated 14.6.2022 to the restoration applications Respondent No - 7 filed a Writ C No - 9923 of 2022 before this Court for expeditious disposal of his restoration application dated 5.6.2018 against the order dated 6.4.2018, the aforementioned Writ - petition was disposed of by this Court Vide order dated 26.5.2022 for deciding the restoration application expeditiously preferably within period of 2 months. State of U.P also filed a restoration - application dated 21.6.2022 along with the prayer for condonation of delay against the order dated 6.4.2018. Respondent No - 5 vide order dated 10.1.2023 allowed the restoration application filed against the order dated 6.4.2018 and restored the case on its original number for fresh decision. Against the order 6.4.2018 petitioner also filed a Revision No - 195A of 2023 before respondent No - 3 / Commissioner although on the withdrawal application dated 14.2.2023 filed on behalf of petitioner the revision filed by petitioner was dismissed as not pressed vide order dated 15.3.2023. Petitioner challenged the order dated 10.1.2023 before respondent No - 2 / Board of Revenue by way of Revision No - 528 of 2023 under Section - 210 of U.P. Revenue Code 2006 and the same was dismissed vide order dated 16.3.2023. Review application filed against the order dated 16.3.2023 was also dismissed vide order dated 13.10.2023 hence this writ petition for the following prayer:

"(I) Issue a writ, order or direction in the nature of certiorari quashing impugned orders dated13.10.2023 and 16.03.2023 passed by Hon'ble Board of Revenue, UI.P. Lucknow in Case No. REW/1146/2023/Azamgarh and REV/528/2023/Azamgarh (Surendra Vs. Gram Sabha-Bheelampur Chhapara, Tehsil- Budhanpur, District-Azamgarh under Section211 and 210 of U.P. Revenue Code, 2006 as well as order dated 10.01.2023 passed by the Up Zila Adhikari/S.D.M. Budhanpur,Azamgarh in Case No.00544/2021 (Report Vs. Surendra) under Section 67A(1) of U.P. Revenue Code, 2006 during the pendency of instant writ petition before this Hon'ble Court so that the justice may be done, otherwise the petitioner shall suffer irreparable loss and injury (Annexure Nos, 1,2 and 3 to this writ petition).

(II) issue a writ, order or