WA 637/2005 BEFORE THE HON’BLE THE CHIEF JUSTICE MADAN B LOKUR HON’BLE MR.JUSTICE A.C.UPADHYAY The appellants filed WP(C) No. 2740/1999 which was taken up for hearing on 23.2. 2005. There was no appearance on behalf of the petitioners and accordingly, the writ petition was dismissed for non prosecution. The appellants moved an application for restoration of the writ petition that was dismissed by the impugned order dated 24.8.2005. This appeal has been filed challenging the orders dated 23.2.2 005 and 24.8.2005. Learned counsel for the respondents, while objecting to the restoration of the writ petition, submitted that the grounds mentioned in the application fo r restoration are not adequate. We have gone through the grounds mentioned in the application for restor ation it is stated that the matter was taken up at 2.45 PM on 23.2.2005 and at t hat time one of the engaged counsels of the appellants was on his legs in some o ther Court while another counsel was unable to reach the Court at that time. In our opinion, the appellants should not suffer for the non appearance of the counsel, particularly when one engaged counsel was busy in some other mat ter and another could not attend Court on that day. Under the circumstances, we are satisfied that there is no reaso n why the prayer for restoration of the writ petition should not be allowed. Accordingly, the impugned orders dated 23.2.2005 and 24.8.2005 a re set aside and WP(C) No. 2740/1999 is restored to its original file. The matter will be taken up by the learned Single Judge on 29.4 .2011 for order. In the meantime, the appellants should pay an amount of Rs.10 00.00 as costs to the Assam State Legal Services Authority, Guwahati. The appeal stands allowed in terms of the above.