HIGH COURT OF CHHATTISGARH. BILASPUR APPLICANT PETITIONER M.C.C. No. 173 of 2011 M.S. Patel, S/o Late K.R. Patel, aged about 68 years, retired Block Development Officer, Dabhra, District- Janjgir-Champa (on Deputation), R/o Pandari Pani (East) Vivek Nagar, Raigarh (C.G.) Versus RESPONDENTS 1 Shri B.L. Agrawal, Special Secretary, Panchayat & Social Welfare Department, Mantralaya, D.K.S. Bhavan, Raipyr (C.G.) 2 Shri Manoj Jhalania, Commissioner, Panchayat & Social Welfare Department, Tulsi Nagar, Bhopal (M.P.) ApDlication for Restoration of ContemDtPetition No. 167/2005 Appearance: Mr. Anand Dadariya, Advocate for the petitioner. ORAL ORDER (29.03.2011) SUNIL KUMAR SINHA. J. Heard. Petitioner- M.S. Patel is seeking restoration of Contempt Petition No. 167/2005, which was dismissed for want of prosecution on 10.9.2010. Restoration application is barred by 135 days of limitation. IA.No. 1/2011 has been filed for condonation of delay in filing the restoration application. On due consideration of the submission made by learned counsel for the petitioner, 1 am satisfied that the delay of 135 days in filing the restoration application has been duly explained and the same deserves to be condoned. Accordingly, I.A. No. 1/2011 is allowed and delay of 135 days in filing restoration application is hereby condoned. Mr. Dadariyai&also heard on restoration application i.e. M.C.C.No. 173/2011. (D M.C.C.No.173of2011 A perusal of the records would show that the respondents were not served in the contempt petition, even the notices were not directed to be issued. On due consideration of the submission made by Mr. Dadariya and the grounds taken in the restoration application, 1 am satisfied that the absence of counsel for the petitioner on 10.9.2010 when the Contempt Petition No. 167/2005 was taken up for hearing was based on bonafide ground. Accordingly, M.C.C. No. 173/2011 is allowed and the Contempt Petition No. 167/2005 is restored to its original number. Sd/- Sunil Kumar Sinha Judge