Swarnalata Maity @ Swarnalata Maiti v. State Of West Bengal And ORS.

01.08.2025 Sl. No. 21.

Ct.No.42 ss .

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16100 of 2023 With CAN/1/2024, CAN/2/2024 Swarnalata Maity @ Swarnalata Maiti Vs.

The State of West Bengal & Ors.

Mr. Kaushik Roy ..for the petitioner Mr. Soumik Dey ... for the State Mr. Sandip Das Mr. Dipankar Bhandari, ...for the private respondents.

Re : CAN 2 of 2024 Affidavit of service filed on behalf of the petitioner is taken on record.

This is an application under Section 5 of the Limitation Act for condonation of delay in filing the restoration application.

Upon going through the averments made in the application for condonation of delay, it is found that, due to various ailment of the applicant and her old age, application for restoration could not be filed within the stipulated period.

Accordingly, the cause shown is found to be sufficient.

Hence, delay in filing the application for restoration stands condoned.

Accordingly, the application being CAN 2 of 2024 stands allowed.

Re: CAN 1 of 2024 This is an application for restoration of the writ petition.

By order dated 1st July, 2024, the writ petition was dismissed for default.

Learned Advocate for the petitioner submits that, due to ill-health of the conducting advocate, the petitioner could not be represented on the date the matter was called on. He seeks for restoration of the writ petition upon recalling of the order of dismissal. Learned Advocate for the private-respondent submits that no cogent reason has been pleaded in the application. He seeks for dismissal of the application for restoration of the writ petition.

Learned Advocate for the State leaves the matter to the discretion of this Court.

Considering the averments made in the application, this Court finds that sufficient cause has been made out for restoration. Hence, the order of dismissal dated 1st July, 2024 is hereby recalled. The application being CAN 1 of 2024 stands allowed.

The writ petition being WPA 16100 of 2023 is restored to its original file and number.

Re : WPA 16100 of 2023 List the matter on 18th August, 2025 under the heading 8Motion9.

(Bivas Pattanayak, J.)