Calcutta High CourtWPA/12541/2003dismissed for default

Jatal Chandra Mahato v. State Of W.B.

2022-03-11Hon'Ble Justice Aniruddha Roy2 pages

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 12541 of 2003 + CAN 2 of 2024 + CAN 3 of 2024 Jatal Chandra Mahato VS The State of West Bengal & Ors.

Ms. Kaberi Ghosh Dey ..... for the petitioner Mr. Gourav Das .... For the State Ms. Koyeli Bhattacharyya .... For WBBSE Affidavit of service filed in Court today is taken Court No. 22 28.3.2024 (Item No. 42) (AB) on record.

In Re: CAN 3 of 2024 This is an application seeking condonation of delay for about 647 days in applying for restoration of a writ petition.

Ms. Kaberi Ghosh Dey, learned counsel appears for the petitioner/applicant.

Ms. Koyeli Bhattacharyya, learned counsel appears for respondent No. 4.

Mr. Gourav Das, learned counsel appears for respondent Nos. 1 to 3.

Upon considering the submissions made on behalf of the parties and after considering the averments made in the application it appears to this Court that, sufficient ground has been made out as to why the petitioner was prevented from applying for the restoration of the writ petition in time. Inasmuch as, for procedural laches substantive justice shall not suffer.

Considering the above, the delay stands condoned subject to payment of cost of Rs.2,000/- to

be paid to the benevolent fund of the Bar Association, High Court, Calcutta within fifteen days from date.

Accordingly, the application being CAN 3 of 2024 stands allowed subject to the above condition. In Re: CAN 2 of 2024 This is an application for restoration of a writ petition which was dismissed for default on March 11, 2022 and the restoration application was filed on or about January 17, 2024.

Sufficient cause being made out in the said application and in view of the direction already made by this Court in CAN 3 of 2024, subject to payment of cost as directed therein the order of dismissal dated March 11, 2022 stands recalled. The writ petition stands restored to its original file with number. Accordingly, the application being CAN 2 of 2024 stands allowed subject to condition as indicated above.

(Aniruddha Roy, J.)