← Library
Calcutta High CourtWPA/19731/2022dismissed as withdrawn

Subrata Sadhukhan v. State Of West Bengal And ORS.

2022-11-04Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD-25 Ct No.09 04.11.2022 TN WPA No. 19731 of 2022 IA No: CAN 1 of 2022 Subrata Sadhukan Vs.

The State of West Bengal and others Mr. Tanmoy Chowdhury, Ms. Rituprita Ghosh .... for the petitioner Mr. S.S. Koley .... for the WBSEDCL Affidavit-of-service filed in court today be kept on record.

In Re: CAN 1 of 2022 Sufficient reasons have been shown by the petitioner for absence on the relevant date.

Accordingly, CAN 1 of 2022 is allowed, thereby recalling the order dated September 07, 2022, whereby WPA No. 19731 of 2022 was dismissed for default and restoring the said writ petition to its original file and number.

There will be no order as to costs.

In Re: WPA No. 19731 of 2022 The writ petition is taken up for hearing as a 'Motion'.

In view of the submission of learned counsel for the petitioner, on instruction, that the petitioner wants to withdraw the writ petition with liberty to sue afresh on the self-same cause of action upon furnishing further particulars, WPA No. 19731 of 2022 is dismissed as withdrawn with liberty to the petitioner to file a fresh writ petition on the self-same cause of action.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)