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Calcutta High CourtWPA/23445/2024dismissed for default

Sathi Gorai v. Eastern Coalfields Limited (A Subsidiary Of Ecil) Sanctoria And ORS.

2025-10-24Hon'Ble Justice Krishna Rao4 pages

25.03.2026 Court No.25 D/L No.8 S. Gayen

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA 23445 of 2024 with CAN 1 of 2026 CAN 2 of 2026 Sathi Gorai

Versus

The Eastern Coalfields Ltd & Ors.

Mr. Saptarshi Dutt Mr. Kajal Mukherjee Mr. Sudeepto Kr. Basu ...for the Petitioner Mr. Syed Nurul Arefin ...for the Respondent Nos.1 & 2 In Re: CAN 1 of 2026

1. The petitioner has filed the present application being CAN 1 of 2026 praying for recalling of the order dated October 24, 2025 wherein, this Court has dismissed the writ application for default for non-appearance of the petitioner when the matter was called.

2. This Court finds that the petitioner has shown the sufficient cause for non-appearance before this Court on the date fixed.

3. Accordingly, the order dated October 24, 2025 is recalled.

4. WPA 23445 of 2024 is restored in its original file.

5. CAN 1 of 2026 is disposed of.

In Re: CAN 2 of 2026

6. The petitioner has also filed an application being CAN 2 of 2026 for condoning the delay of 84 days for preparing the application for recalling of the order dated October 24, 2025.

7. This Court finds that the petitioner has shown the sufficient cause for non-filing of the application within the prescribed time. Accordingly, the delay is condoned.

8. CAN 2 of 2026 is disposed of.

In Re: WPA 23445 of 2024

9. With the consent of both the parties the writ petition is taken up for hearing.

10. The petitioner has filed the present writ application being aggrieved and dissatisfied with the order passed by the Appellate Authority dated July 18, 2023 wherein, the Appellate Authority was of the view that no direction can be given in the matter at hand without additional details at this juncture. The only remedy for appellant is to apply afresh mentioning all the points as discussed in the hearing so that complete and correct information can be supplied to the petitioner.

11. Learned counsel for the petitioner submits that after the order of the Appellate Authority, the petitioner has made a detailed representation to the authorities but the authorities have not considered the representation.

12. This Court finds on receipt of the application for supply of information under RTI Act, the authorities have passed the following order:- "Point No.01:- Reply- Eastern Coalfields Limited issued several circulars after 10th July, 2001. Name if the exact Circular, copy of which is required may be clearly mentioned.

Point No.02:- ReplyEastern Coalfields Limited held several meetings after 10th July, 2001.

Subject, date, venue, name of the particulars etc. in respect of the meeting, copy of minutes of which is required may be clearly mentioned.

Point No.03:- Reply- The information intended to be sought for is not specific in nature in order to ascertain requisite information."

13. Being aggrieved with the said order, the petitioner has preferred a first appeal. The First Appellate Authority has passed the following order:- "After perusal of documents and hearing contention of both the parties, no direction can be given in the matter at hand without additional details at this juncture. The only remedy for appellant is to apply afresh mentioning all the points as discussed in the hearing so that complete and correct information can be supplied from relevant end."

14. Considering the order passed by the authorities as well as the First Appellate Authority, this Court finds that the petitioner has not indicated the exact circular

number and the exact minutes of the meeting. For that, the authorities were not in a position to supply the said documents. The authorities as well as the First Appellate Authority in their order categorically mentioned that the petitioner can apply to a fresh by mentioning all the points as discussed in the hearing, so that the complete and correct information can be supplied.

15. In view of the above, this Court finds that no purpose will be served by keeping this writ petition pending. Accordingly, the writ petition is disposed of by directing the petitioner to apply before the concerned authority with regard to the information if any required by the petitioner by giving the details as per the order passed by the First Appellate Authority dated July 18, 2023 within a period of two weeks from date. If any application is filed by the petitioner, the concerned authority shall supply the documents to the petitioner within a period of four weeks thereafter.

16. WPA 23445 of 2024 is disposed of.

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

18. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)