@D HIGH COURT OF CHHATTISGARH. BILASPUR M.C.C. No.120i2007 APPLICANT Basant Kumar Tiwari, aged about 63 PETITIONER years, S/o. N.P. Tiwari, Vikas Vistar Adhikari, Mungeii, R/o. Madwani, Post Baitalpur, District Bilaspur‘ (C.G.) Respondents 1. State of Chhattisgarh through Principai Secretary, Panchayats and Rural Development Department, . Raipur (C.G.) State of Madhya Pradesh through Principal Secretary, Panchayats and Rural Development Department, Bhopal (MP3) Vikas Ayukta, Madhya Pradesh, Bhopal Chief Executive Officer, Zila Panchayat, Bilaspur (C.G.) Board of Revenue, Chhattisgarh, through Registrar, Bilaspur. APPLlCATlON for restoration of Writ Petition No.2428/2003. Appearance: Shri Anil Singh Rajput, counsei for the apptioant. Shri Ajay Dwivedi, Panel Lawyer for the State/respondents 1 and 5. Versus h. Collector, Bilaspur (C.G.) 03m ORAL ORDER (24.08.2007) SUNIL KUMAR SINHA. J. LA. No. fi1 of 2007. Heard. This is an application for condonation of delay in filing the M.C.C. Notices were issueddn this application on the last date of hearing. 2 M.C.C. No. 1201’2007 it is stated that the M.C.C., which has been filed for restoration of dismissed writ petition is barred by limitation of 148 days. Learned counsel for the applicant submits that the counsel for the applicant was Shri Nand Kishore Pandey, who expired, therefore, no one could appear in the case. Such averment is supported by the affidavit of the petitioner himself. He also submits that since the counsel was dead, the petitioner did not know about the progress of the case and ultimately, when he came to know about the dismissal of the case, he filed restoration application and also filed an application for condonation of delay. Considering the facts and circumstances of the case, the application is allowed. Delay in ming the M.C.C. is condoned. M.C.C. No. 12012007 Heard. This appiication is tiled on the same ground of death of the counsel. lt is stated that due to death of counsel for the petitioner nobody was appearing, and ultimately, the petition was dismissed in default. Considering the facts and circumstances of the case, particularly considering the circumstance that the appearance on behalf of the petitioner could not be caused due to death of counsel and this fact is supported by the afbdavit of the petitioner, the M.C.C. tiled for restoration of Writ Petition No.2428/2003 is allowed. Writ Petition No.2428/2003 is restored to its original number. ln view of the above, M.C.C.No.120l2007 stands finally disposed of. 3d!- SliniivKumar Sinha M r Judge