JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Hem Chandra Joshi, Advocate, present for the petitioner. 2. None present for the respondents. 3. The writ petition was dismissed for non-prosecution by the learned Single Judge of this Court on 20.05.2010, which reads as under:- “List of hearing has been revised, but, the learned counsel for the petitioner is not present. Mrs. Farida Siddiqui, the learned counsel for the respondents is present. The writ petition is dismissed for want of prosecution.” 4. Now recall application has been filed after a period of five years. The reason assigned in the application is that counsel for the petitioner-Mr. P.C. Jhingan, a few months prior to the dismissal of the present writ petition had passed away in the month of April 2010, a fact which was not brought to the notice of learned Single Judge of this Court on that day. Normally in such cases notices are then issued to the petitioner to engage another counsel. Since this information was not furnished to the Court and no one is present to represent the petitioner before this Court, therefore, the matter was dismissed for non-prosecution. 5. Learned counsel for the petitioner has moved delay condonation application ((CLMA No.14308 of 2015) along with restoration application (MCC No.855 of 2015) and has prayed that delay in filing restoration application may be condoned. 6. Grounds shown in the affidavit are sufficient and bona fide to condone the delay in filing the restoration application. The delay condonation application is allowed. Delay is condoned. 7. Heard on the restoration application (MCC No.855 of 2015). 8. Purely in the interest of justice, the restoration application (MCC No.855 of 2015) is allowed on the grounds urged. The order dated 20.05.2010 passed by this Court is hereby recalled. The writ petition is restored to its original number. 9. List this matter on 22.02.2016 in the daily cause list.