Nil Madhab Ghosh v. State Of West Bengal And ORS.

14.02.2025 Ct. no.39 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE C.A.N. 1 of 2025 in W.P.A. 21108 of 2024 Nil Madhab Ghosh & ors.

-Vs- The State of West Bengal & ors.

Mr. Biswajit Hazra ... for the applicant-petitioner Mr. Tanmoy Sett Mr. Arindam Chandra Mr. Atish Ghosh Ms. Antara Dey ... for the respondent no.10 Affidavit of service filed on behalf of the petitioner is taken on record.

Re : CAN 1 of 2025 This is an application for restoration of the writ petition by recalling order dated 14th January, 2025. By order dated 14th January, 2025, the writ petition being WPA 21108 was dismissed for default.

Mr. Biswajit Hazra, learned Advocate appearing on behalf of the applicant-petitioner submits that since the learned Advocate failed to follow the note in the combined monthly list of January 6, 2025, he could not appear resulting in dismissal of the writ petition for default. He seeks for restoration of the writ petition.

Mr. Tanmoy Sett, learned Advocate appearing on behalf of the respondent no.10 leaves the matter to the discretion of the Court.

Considering the submissions advanced on behalf of the petitioner and on going through the averments made in the application, it is found that cause shown is sufficient.

Accordingly, order dated 14th January, 2025 is recalled.

The writ petition being WPA 21108 of 2024 is restored to its original file and number.

The application being CAN 1 of 2025 stands disposed of.

Re : W.P.A. 21108 of 2024 Petitioner is directed to serve notice upon the learned Advocate for the State-respondent intimating the next date of hearing.

List this matter on 3rd March, 2025 under the heading 'Returnable Motion'.

( Bivas Pattanayak, J.)