Pinaki Ranjan Das v. State Of West Bengal & ORS

27.02.2025.

PB Sl. No.31.

Ct. No.25.

WPA 14690 of 2015 With CAN 1 of 2018 With CAN 543 of 2018 Pinaki Ranjan Das Vs.

The State of West Bengal & Ors.

Mr. K. M. Hossain.

... For the Petitioner.

Mr. Sougata Mitra, Ms. Priyanka Mukherjee.

.....for the Statte.

The applicant/writ petitioner has sought for recall of this Court's order dated September 1, 2017, in WP 14690 (W) of 2015, by dint of which the Court has dismissed the writ petition as above, for default. The applications have been filed by the applicant/writ petitioner being CAN 543 of 2018 and CAN 1 of 2024 respectively, to pray for restoration of the writ petition by recalling the earlier order of this Court as mentioned above and for condonation of delay of 137 days in filing by the applicant the other application that is CAN 543 of 2018.

Learned advocate appearing for the application/writ petitioner has submitted about the bona fide and inadvertent laches on the part of the

learned conducting advocate to follow the Court proceedings, for which, he says that the Court has dismissed the matter for default in absence of any one to represent the petitioner. He says that otherwise the petitioner would be interested to contest the case and has fair possibility to succeed.

Having perused the records, the Court finds that the grounds pleaded by the applicant to be substantive and sufficient. Hence, the Court finds it proper that both the applications being CAN 1 of 2024 and CAN 543 of 2018 be allowed.

Therefore, CAN 1 of 2024 is allowed, thereby condoning the delay of 137 days in filing the restoration of the application by the applicant. CAN 543 of 2018 is allowed, thereby recalling this Court's earlier order dated September 1, 2017, in the writ petition WP 14690 (W) of 2015 and restoring the writ petition in its original file and number. Let the writ petition be immediately listed under the heading "Old Hearing Matters".

(Rai Chattopadhyay, J.)