RAJES KUMAR, J. - (1.) HEARD Sri Dinesh Rai, learned Counsel for the petitioner, learned Standing Counsel appears on be­half of respondent Nos. 1 and 2 and Sri V.K. Singh appears on behalf of respondent No. 3.
(2.) BY means of the present petition, the petitioner is challenging the order of the Member, Board of Revenue dated 26th August, 2008 by which restoration applica­tion has been rejected. It appears that date of hearing was fixed 18.7.2008 and the second appeal was decided ex parte in absence of the peti­tioner's Counsel. The petitioner moved restoration application along with affidavit stating therein that inadvertently the date of hearing could not be noted and, there­fore, the Counsel for the petitioner could not appear on the date fixed. The Member, Board of Revenue without any valid reason rejected the application.
(3.) HAVING heard the learned Counsel for the parties, I have perused the im­pugned order dated 26th August, 2008.;