Smt. Thanda Mahato v. State Of West Bengal & ORS.

16.10.2023 Item No. 49 Crt.No.22 b.r. WPA 23165 of 2017 IA No. CAN 1 of 2021, CAN 2 of 2023, CAN 3 of 2023 Smt. Thanda Mahato -vsThe State of West Bengal & Ors.

Mr. Santanu Mondal .... For the petitioner.

Mr. Santanu Mondal, learned advocate, appears for the petitioner.

None appears for the respondents.

In Re: IA CAN 3 of 2023 This is an application for condonation of delay for about 49 days in applying for restoration of a writ petition which was dismissed on July 18, 2023. The delay being marginal and sufficiently being explained and more so that for procedural laches the substantive justice should not suffer, the delay stands condoned.

Accordingly, the CAN 3 of 2023 stands allowed without any order as to costs.

In Re: CAN 2 of 2023 This is an application for restoration of a writ petition, which was dismissed for default on July 18, 2023. The application was taken out on October 6, 2023.

In view of the delay being already condoned in CAN 3 of 2023 and sufficient cause being shown as to why the petitioner was prevented not being represented on the day when the writ petition was dismissed for default, the order of dismissal dated July 18, 2023 stands recalled.

The writ petition stands restored to its original file with number.

Accordingly, CAN 2 of 2023 stands allowed without any order as to costs.

Parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Aniruddha Roy, J.)