Haradhan Malakar & ORS v. State Of West Bengal & ORS

26-06-2023 AKG CAN 2 of 2021 CAN 3 of 2023 in WPA 11014 of 2019 Haradhan Malakar & Ors.

Vs.

Ct. 238 The State of West Bengal & Ors.

Mr. Arunava Banerjee, Sk. Qareeb, Ms. Ritika Mondal, Ms. Parvin Khatun ...for the Petitioners This writ petition was dismissed for default on December 14, 2022. Thereafter an application for restoration (CAN 3/2023) was filed.

It has been rightly pointed by Mr. Arunava Banerjee, learned advocate appearing for the petitioner that the order dated February 13, 2023 was passed in this writ petition without allowing the restoration application.

Since the order dated February 13, 2023 was passed without recalling the order dated December 14, 2022, whereby the writ petition was dismissed for default, the order dated February 13, 2023 is hereby recalled.

In Re :

CAN 3 of 2023 Having regard to the averments made in paragraph 2 of this restoration application, I am of the view that the petitioners have sufficiently explained the reason for their non-appearance before this Court on December 14, 2022.

Accordingly, CAN 3/2023 is allowed.

In Re :

CAN 2/2021 It has been submitted by Mr. Arunava Banerjee, learned advocate appearing for the petitioner that there has been a change in the State panel and Mr. Swapan Kr. Datta, learned senior advocate is no more in the State panel.

He further submits that till date, no affidavit in opposition in terms of the order dated February 13, 2023 has been served upon him.

In that view of the matter, list this matter after two weeks under the same heading.

The petitioner shall communicate this order to the learned Government Pleader, High Court at Calcutta. (Kausik Chanda, J.)