Abdus Sattar & ORS v. State Of West Bengal & ORS

28.

22-04-2025 (Ct. no.07) debajyoti

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction APPELLATE SIDE WPA 19209 of 2019 + IA NO:CAN/2/2024 Abdus Sattar & Ors.

Vs.

The State of West Bengal & Ors.

Ms. Kalpita Paul ... For the Petitioners.

Mr. Tapan Kumar Mukherjee, Sr. Adv., ld. A.G.P., Mr. Shamim ul Bari, Mr. Somnath Naskar, Ms. Indrani Nandi ... For the State.

1.

CAN 2 of 2024 is an application for restoration of this writ petition which was dismissed for default on February 20, 2024.

2.

Having heard learned advocates for the respective parties and having perused the averments in the restoration application, I am of the view that sufficient cause existed which prevented the petitioners from appearing in Court on February 20, 2024, when the matter was dismissed for default. Accordingly, the order dated February 20, 2024 dismissing the writ petition for default is recalled. The writ petition is restored to its original file and number.

3.

CAN 2 of 2024 is, thus, allowed.

Re : WPA/19209/ 2019 4.

Affidavit-in-Opposition to this writ petition filed on behalf of the respondent no.3 is taken on record. I am informed that the copy of the Affidavit-

in-Opposition has already been served upon the petitioner on July 04, 2023.

5.

Ms. Kalpita Paul, learned advocate for the petitioners, prays for extension of time to file Affidavit-in-Reply. The prayer is allowed. Let Affidavit-in-Reply be filed within two weeks from date. 6.

List the matter for further consideration three weeks hence under the appropriate heading.

7.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of necessary formalities.

(Partha Sarathi Chatterjee, J.)