MC 409/2008 BEFORE HON’BLE MR. JUSTICE T.NANDAKUMAR SINGH Mr. P. Barthakur, learned Senior counsel assisted by Ms. Ontima Sarma, learned c ounsel appears for the petitioner, Mr. K.N. Choudhury, learned Addl. Advocate Ge neral, Assam appears for the respondent 1 to 5. Mr. K. Surana, learned counsel a ppears for the respondents Nos.8, 9 and 11. None appears for the other responde nts without showing any cause. It appears that they have chosen not to contest t his case. This application has been filed for setting aside the order of this Court dated 4.9.06 for dismissing the present writ petition i.e. WP(C) No. 8306/01 on defaul t. The reason has been mentioned for setting aside the order of this Court dated 4.9.06 in para Nos. 4,5,6,7,8,9,10,11 and 12 of the present misc. application. On perusal of the reasons mentioned in the present misc. application, it appears that both the parties i.e. the petitioner and the respondent had no knowledge a bout the order of this Court dated 4.9.06 for dismissing the WP(C) No. 8306/01 o n default inasmuch as the State respondents had filed their affidavit in opposi tion only on 24.3.08. On careful perusal of the reasons mentioned in the present misc. application and after hearing the submission made by the learned counsel of both the parties, i t appears that there are sufficient reasons for setting aside the order of this Court dated 4.9.06. This Court is of the considered view that it would be just and appropriate to restore the WP(C) No. 8306/01 by setting aside the order of t his Court dated 4.9.06 subject to the payment of Rs. 5,000/- to the State respon dents within 2 (two) days. The restoration is allowed accordingly. The amount of Rs. 5,000/- shall be deposited with the Registrar General of this Court. The misc. case is accordingly disposed of.