Biman Chandra Pal v. State Of West Bengal& ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 05 20.11.2024 Sc Ct. no.2 WPA 6081 OF 2020 With I.A. No. CAN 3 OF 2022 With I.A. No. CAN 2 OF 2022 -------------- Sri Biman Chandra Pal Vs.

The State of West Bengal & Ors.

Mr. Sanjib Das Mr. Kanak Kiran Bandyopadhyay Mr. Madhusudan Mukhopadhyay Mr. Buddhadev Bhunia Mr. Sk. Abul Hasan .... For the Applicant/ Petitioner Mr. Susovan Sengupta Mr. Subir Pal.

.... For the State Ms. Tapasi Sinha Palit .....For the Respondent No.8/UOI Mr. Dipankar Das .....For the Respondent No.9/NHAI Re : I.A. No. CAN 3 OF 2022 ---------------- Affidavit-of-service, filed in Court today, is taken on record.

This is an application seeking condonation of delay for about 159 days in applying for restoration of the writ petition.

Mr. Sanjib Das, learned advocate appears for the applicant/petitioner.

Mr. Susovan Sengupta, learned State counsel appears for the respondents State.

Ms. Tapasi Sinha Palit, learned advocate appears for the respondent no.8, Union of India.

Mr. Dipankar Das, learned advocate appears for the respondent no.9, NHAI.

The writ petition was dismissed for default on June 22, 2022. Upon perusing the cause shown in the application it appears to this Court that, sufficient cause has been made out as to why the petitioner was prevented from in applying for restoration within time, the delay stands condoned. Inasmuch as, substantive justice shall not suffer for procedural laches.

The respondents make their submissions.

In view of the above, this application, I.A. No. CAN 3 of 2022 stands allowed, without any order as to costs. Re : I.A. No. CAN 2 OF 2022 ------------- This is an application for restoration of a writ petition which was dismissed for default on June 22, 2022. The application for restoration was taken out on December 16, 2022.

In view of the order passed in I.A. No. CAN 3 of 2022 and since sufficient cause has been made out in

this application, the order of dismissal dated June 22, 2022 stands recalled.

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

Accordingly, I.A. No. CAN 2 of 2022 stands allowed without any order as to costs.

(Aniruddha Roy, J.)