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Calcutta High CourtWPA/15763/2004dismissed for default

Sanjay Kumar Jha v. State Of W.B.

2022-08-12Hon'Ble Justice Rai Chattopadhyay2 pages

WPA 15763 of 2004 (CAN 2/2023, CAN 3/2023)) 7.3.2025 Sanjay Kr. Jha -vs-The State of West Bengal ct.25, sl. 7 sk Mr. Ashis Kr. Chowdhury Mr. Rajib Ghosh Mr. Babhru Bahan Bera ....for the petitioner.

In re: CAN 2 of 2023 and CAN 3/2023.

The applicant has filed CAN 2 of 2023 and CAN 3/2023 to seek an order of the Court for recall of its earlier order dated August 12, 2022 in WPA 15763 of 2004 and restoration of the writ petition as above, in its original file and number and for condonation of delay of 383 days in filing CAN 2/2023, respectively.

Vide order dated August 12, 2022, the Court has dismissed the said writ petition, for default. The applicant has cited the reason of losing conduct with the learned advocate on record and also that he could not represent the petitioner before the Hon'ble Court, due to indisposition of himself.

Having found the grounds pleaded as mentioned above, to be sufficient, this Court is inclined to allow the petitioner's prayers in the applications, as above.

Hence, CAN 3/2023 is allowed thereby condoning the delay of 283 days for filing CAN 2/2023.

CAN 2/2023 is allowed thereby recalling the Court's order dated August 12, 2022 and restoring the writ petition in its original file and number The applications being CAN 2 of 2023 and CAN 3 of 2023 are disposed of.

Let the matter be listed under the heading "Old Hearing Matters" for further considerations.

(Rai Chattopadhyay, J.)