Salil Kumar Pathak v. State Of West Bengal & ORS

Item No.- 3 22.12.2025 Court No. 446 Rohan In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 4871 of 2019 With I.A. No.: CAN 2 of 2025 I.A. No.: CAN 3 of 2025 Salil Kumar Pathak

Versus

The State of West Bengal & Ors.

Mr. Sk. Sahjahan Ali, Mr. Arijit Pradhan.

... for the Petitioner Mr. Jayanta Samanta, Mr. Supriya Majumder.

... for the State In Re.: CAN 3 of 2025

1. This is an application for condonation of delay of 190 days in filing the restoration application.

2. Having heard the learned advocates appearing for the respective parties and upon perusal of the averments made in the present application explaining the delay, I am satisfied that sufficient cause existed which prevented the petitioner to file the application for restoration within the period of limitation prescribed therefor.

3. In view thereof, the delay of 190 days in filing the restoration application is condoned.

4. The application being CAN 3 of 2025 is allowed. In Re.: CAN 2 of 2025

5. This is an application for restoration of WPA 4871 of 2019 to its original file and number.

6. Heard the learned advocates appearing for the respective parties.

7. Upon perusal of the averments made in the application, I am satisfied with the explanation provided towards the absence of the learned advocate on 13th January, 2025, when the writ petition was dismissed for default.

8. Accordingly, the application being CAN 2 of 2025 is allowed.

9. The order dated 13th January, 2025 is recalled and the writ petition being WPA 4871 of 2019 is restored to its original file and number.

In Re.: WPA 4871 of 2019

10. Heard the learned advocates appearing for the parties.

11. List the matter for further consideration two weeks after the ensuing Christmas Vacation, 2025.

(Partha Sarathi Chatterjee, J.)