Sukla Dutta Sarkar @ Sukla Dutta v. The State Of West Bengal And ORS.

21.03.2025 Sl. No. 06.

D/L.

Mithun Ct.No.39.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE IA No: CAN 2 of 2024 In WPA 8795 of 2022 Sukla Dutta Sarkar alias Sukla Dutta Vs.

The State of West Bengal & Ors.

Mr. Tanmoy Roy ..for the petitioner Affidavit-of-service filed on behalf of the petitioner is taken on record.

In re : CAN 2 of 2024 This is an application for restoration of the writ petition being WPA 8795 of 2022 by recalling order dated 14th May, 2024.

Mr. Tanmoy Roy, learned Advocate for the applicant submits that on the date the matter was called on he was busy in the office of learned Master, Original Side for incorporating certain corrections in the plaint in respect of C.S. (Com) No.3 of 2023, filed in the Commercial Division of the Original Side of this Hon'ble Court. For such reason, he could not appear before the Court, resulting in dismissal of the writ petition. He seeks for restoration of the writ petition upon recalling the order of dismissal.

Despite service, none appears on behalf of the respondents.

Considering the submissions advanced on behalf of the applicant as well as the averments made in the application, it is found that sufficient cause has been shown to restore the writ petition upon recalling the order of dismissal.

Accordingly, the order of dismissal dated 14th May, 2024 is recalled.

The writ petition being WPA 8795 of 2022 is restored to its original file and number.

The application being CAN 2 of 2024 stands disposed of.

WPA 8795 of 2022 Learned Advocate for the petitioner seeks leave to file supplementary affidavit.

Leave granted.

Let such supplementary affidavit be filed by the returnable date.

Learned Advocate for the petitioner is directed to serve notice upon the State-respondents intimating the next date of hearing.

List this matter on 8th April, 2025 under the heading "Motion".

(Bivas Pattanayak, J.)