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Calcutta High CourtWPA/8935/2022dismissed for default

Gourhari Maity And ORS v. The State Of West Bengal And ORS.

2025-04-24Hon'Ble Justice Krishna Rao2 pages

S/L 7 20.03.2026 Court. No. 25 suvayan CAN 1 of 2026 In WPA 8935 of 2022 Gourhari Maity & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Nirmalendu Bera Mr. Gora Chand Samanta ...for the petitioners.

Mr. Suman Sengupta Ms. Amrita Panja Moulick ...for the State.

1.

The affidavit-of-service filed by the learned counsel for the petitioners be kept with the record.

2. The petitioner has filed the present application being CAN 1 of 2026 praying for recalling of the order dated April 24, 2025 wherein this Court has dismissed the writ application for default for none appearance of the petitioners when the matter is called.

3. The learned counsel for the petitioners submits that the petitioners were not aware that the matter was listed before this Court on the date fixed and as such the petitioners could not appear before this Court, when the petitioners came to know that the matter is dismissed, the petitioners have filed the present application.

4. Considered the submission made by the learned counsel for the petitioners.

5. Perused the record, this Court finds that by an order dated April 24, 2025 the writ petition was dismissed for default for none appearance of the parties but the

petitioners have filed the present application for recalling of the order dated April 24, 2025 on February 19, 2026 that is almost after 10 months of the order but the petitioners have neither filed any application for condoning the delay nor has shown any cause why the petitioners have not appeared before this Court when the matter is called and why the petitioners have not filed the application within the prescribed time.

6. Thus this Court did not find any reason to recall the order dated April 24, 2025.

7. Accordingly, CAN 1 of 2026 is dismissed.

(Krishna Rao, J.)