^w HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. APPLICANTS PETITIONERS s M.C.C.No.27of2008 1. Rajendra Kumar Baid (Jain), S/o Late Shri C.S. Baid, Aged about 42 years, R/o Rajasthan Lodge, Opposite to Old Bus Stand, Jagdalpur (C.G.) 2. Prayag Bus Service, Proprietor Pradeep Kumar, S/o Ram Suhag, Aged about 36 years, R/o B-8, Colony, Gandhi Nagar, Ambikapur 3. M/s Badan Traveis, through Partner Mrityunjay Singh, S/o Shri Ram Badan Singh, Aged about 36 years, R/o Konatarai, District Raigarh (C.G.) 4. Dhannanjay Singh, S/o Shri Ram Badan Sihgh, Aged about 35 years, R/o Konatarai, District Raigarh (C.G.) 5. Sanjay Singh, S/o Shri Ram Badan Singh, Aged about 30 years, R/o Konatarai, District Raigarh (C.G.) 6. Mohd. Gufran, S/o Mohd. Tafir, Aged about 30 years, * R/o Mominpura, District Ambikapur (C.G.) 7. Laisa Bibi, W/o Late Mohd. Sakir, Aged about 60 years, R/o Jorapeepal, Behind Chitra Mandir, Distt. Ambikapur (C.G.) 8. M/s Saluja Bus Service through Partner Dilip Singh Saluja, S/o Late Ajit Singh Saluja, Aged about 54 years, R/o Station Road, Kharsia, District Raigarh (C.G.) 9. Deepak Izardar, S/o Jeevan Lal Izardar, Aged about 20 years, R/o Vinoba Nagar, District Jashpur (C.G.) 10. Ramnivas Agrawal, S/o Late Teluram Agrawal, Aged about 48 years, R/o Kashmiri Gali, Pattalgaon, District Jashpur (C.G.) 11. Baldeo Joshi, S/o Late Durga Dutta Joshi, Aged about 59 years, R/o Kapu, District Raigarh (C.G.) 12. Tribhuwan Chandra Joshi, S/o Shri Prem Ballabh Joshi, Aged about 48 years, R/o Kapu, District Raigarh 13. Ramdatta Joshi, S/o Shri Hari Datta Joshi, Aged about 35 years, R/o Kapu, District Raigarh (C.G.) 14. Hemchandra Joshi, S/o Tularam Joshj, Aged about 40 years, R/o Kapu, District Raigarh (C.G.) 15. Anup Kumar Sahu, S/o Shri B.R. Sahu, Aged.about 28 years, R/o Jute Mill Road, Kaidimula, District Rajgarh (C.G.) 16. Mohd. Fahim (Wasim) •S/o Late Abdul Hamid Khan, Aged about 42 years, R/o Ram Mandir Road, District Ambikapur (C.G.) .* 17. Paluram Sao, S/o Shri Girdhari Sao, Aged about 30 years, R/o Jute Miil Road, Kaidaimuia, District Raigarh (C.G.) 18. Rashid Bus Service, through Partner Abdul Rashid Khan, Aged about 60 years, R/o Mahamaya Road, Jarhagarh, District Ambikapur (C.G.) 19. Harsh Gupta, S/o S.L. Gupta, Aged about 35 years, Jain Mandir Road, Jagdalpur (C.G.) r-- fl /^) 20. Vinita Gupta, W/o Harsh Gupta, Aged about 29 years, C/o Gupta Tyres, Jain Mandir Road, Jagdalpur (C.G.) 21. Mahesh Tiwari, S/o Diwakar Tiwari, Aged about 30 years, R/o Village Bagda, Post Kotya, District Surguja (C.G.)' NON-APPLICANTS 1 RESPONDENTS 2. 3. 4. 5. Versus State of Chhattisgarh, Through Secretary, Department of Transport, D.K.S. Bhawan; Raipur Tax Officer/R.T.O. Jagdalpur (C.G.) Tax Officer/R.T.O. Ambikapur (C.G.) Tax Officer/R.T.O. Raigarh (C.G.) D.T.O./R.T.O. Jashpur (C.G.) ADplication for Settina Aside the order ofdismlssal ofthe Writ Petition No.3852/06 dated 28/11/07 and for Restoration ofthesaidWritPetition. Present: Shri B.K. Rawat, iearned counsel for the applicants Shri M.P.S. Bhatia, Deputy Government Advocate for the State. ORDER (4th March, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Heard learned counsel for the parties. 2. The applicants are seeking restoration of W.P.No.3852 /2006, which was dismissed forwant of prosecution vide order dated 28-11 -2007. 3. On due consideration of the submissions of tearned counsel for the parties and the grounds taken in the restoration petition and the affidavit filed in support thereof, we are satisfied that the absence of the petitioners' counsel on 28-11 -2007 when W.P. No.3852/2006 was taken up for hearing, was based on bona fide grounds. 4. Therefore, M.C.C. No.27/2008 is allowed and W.P.No.3852/2006 is restored to its original number, but without Enterim relief. 5. The applicants/petitioners, however, shall be at liberty to apply afresh for grant of interim relief, which shall be cbnsidered on its own merits. Sd/- Chief Justice Subbu Sd/- Sunil Kumar Sinha Judge