Neutral Citation No. - 2025:AHC:35975-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 133 of 2025 Appellant :- Rajaram Rathor And 4 Others Respondent :- District Administrative Committee, Kanpur Dehat And 3 Others Counsel for Appellant :- Alok Tripathi Counsel for Respondent :- Satyam Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This appeal arises out of judgment and order passed by the learned Single Judge on 5.2.2025 dismissing the restoration application no.13 of 2024. Learned Single Judge has observed that the matter pertains to the year 1986 and no good cause for absence of learned counsel for the petitioner on 30.9.2024 has been shown. Learned counsel for the appellant submits that the petition itself has been filed challenging an order removing the petitioner on the charge that petitioner is guilty of embezzlement without holding any enquiry. It is submitted that various questions have been raised in the writ petition which require consideration. Although the matter is taken in the revised list and copy of the special appeal has been served on the counsel for the respondent but none appears on their behalf when the matter is called out. The appellant has stated that the message with regard to listing of matter was not received by learned counsel for the appellant. It is submitted that matter otherwise requires consideration on merits. Considering the fact that petition has been dismissed twice in default we deem it appropriate to allow the present appeal and set aside the order of learned Single Judge only on deposit of cost of Rs.5,000/- by the appellant before Secretary, High Court Legal Services Authority. The petition shall be restored to its original number upon furnishing proof of deposit of such amount. We also make it clear that no further indulgence would be granted to the petitioner or his counsel and the matter shall be taken up for hearing at the earliest convenience of learned Single Judge. In order to facilitate consideration of cause on merits, we set aside the order dated 5.2.2025 passed by the learned Single Judge. Order Date :- 11.3.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad