1. Heard.

2. Being aggrieved by the order dated 4.12.2009 passed in Case No. Restoration/137/PBR/2009 Board of Revenue MP, Gwalior, this petition is filed by the petitioner.

3. Learned counsel for the petitioner submits that the appeal bearing No.A-1608/111/08 was dismissed in default on 3.8.2009 as the petitioner could not reach to the Court due to failure of the vehicle on the way, against which the petitioner filed an application for restoration of the appeal, which has also been dismissed by the said order dated 4.12.2009 on the ground that the petitioner has not filed any bill for repairing of the vehicle and the application could not have been decided only on the basis of the affidavit filed in support of the restoration application.

4. Considering the facts and circumstances of the case, this writ petition is allowed, it is directed that Case No. Restoration/137/PBR/2009 Board of Revenue M.P. Gwalior be heard again and a fresh order on merits be passed by the Board of Revenue.

5. The petition is disposed of accordingly.