Pijush Kanti Mohanta v. State Of West Bengal & ORS

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 6584 of 2018 + CAN 1 of 2019 (Old No. CAN 11950 of 2019) Pijush Kanti Mohanta VS The State of West Bengal & Ors.

Mr. Purnasish Ray ..... for the petitioner Mr. Jyotiprakash Chatterjee .... For the State In Re: CAN 1 of 2019 (old No. CAN 11950 of 2019) The previous order speaks for itself.

Court No. 22 12.9.2023 (Item No. 11) (AB) Today, the writ petition appeared under the heading "For Dismissal".

This is an application for restoration of a writ petition which was dismissed for default on April 10, 2019 coupled with a prayer for condonation of delay for about 213 days in filing the said restoration application.

Mr. Purnasish Roy, learned advocate appears for the petitioner.

Mr. Jyotiprakash Chatterjee, learned advocate appears for respondent Nos. 1 to 3.

Considering the averments made in the said application in so far as the condonation of delay is concerned, this Court is satisfied with the sufficient cause as to why the writ petitioner was prevented from not applying for restoration of the writ petition within time. In as much as sufficient ground has also

been made out in the application as to why the writ petitioner was prevented from not being represented on April 10, 2019 when the writ petition was dismissed for default.

In view of the above, there shall be an order in terms of prayers (a) and (b) to the application subject to payment of cost of Rs.2,000/- to be paid by the petitioner in favour of the benevolent fund of the Bar Association, High Court, Calcutta within seven days from date.

Subject to the above conditions being fulfilled the delay of 213 days shall stand condoned and the order of dismissal dated April 10, 2019 shall be recalled.

The writ petition stands restored to its original file with number.

Accordingly, application being CAN 1 of 2019 (old No. CAN 11950 of 2019) stands allowed (Aniruddha Roy, J.)