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Calcutta High CourtWPA/18041/2023dismissed for default

Shasanka Biswas v. State Of West Bengal And ORS.

2024-07-03Hon'Ble Justice Bivas Pattanayak2 pages

05.03.2025 Sl. No. 08.

D/L.

Mithun Ct.No.39.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 18041 of 2023 With IA No: CAN/1/2024 Shasanka Biswas Vs.

The State of West Bengal & Ors.

Mr. Dipendra Nath Bose ...for the petitioner Mr. Amitava Chaudhuri, Mr. N. Roy ..for the Nadia Zilla Parishad Mr. Lalit Mohan Mahata, AGP, Mr. Ziaul Haque ...for the State In re: CAN/1/2024 This is an application for restoration of the writ petition being WPA 18041 of 2023 by recalling order dated 3rd July, 2024.

Mr.

Dipendra Nath Bose, learned Advocate appearing for the petitioner submits that due to ailment, the learned Advocate for the petitioner failed to appear before the Court when the matter was called on, resulting in dismissal of the writ petition. He seeks for restoration of the writ petition by recalling the order of dismissal.

Learned Advocate for the respondent-State as well as respondent, Nadia Zilla Parishad leaves the matter to the discretion of the Court.

In view of submissions made on behalf of the petitioner as well as the averments made in the application, it is found that sufficient cause has been shown to restore the writ petition.

Accordingly, the order of dismissal dated 3rd July, 2024 is recalled.

The writ petition being WPA 18041 of 2023 is restored to its original file and number.

The application being CAN 1 of 2024 stands disposed of.

WPA 18041 of 2023 Mr.

Amitava Chaudhuri, learned Advocate appearing for Nadia Zilla Parishad, respondent nos.3 to 8 seeks to file affidavit-in-opposition.

Let such affidavit-in-opposition be filed by respondent nos.3 to 8 within a period of three weeks. Reply thereto, if any, be filed within a period of one week.

State is directed to file a report on the returnable date.

List this matter after four weeks under the heading "Returnable Motion".

(Bivas Pattanayak, J.)