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Calcutta High CourtWPA/23376/2018dismissed for default

Samaresh Chatterjee & ORS v. State Of West Bengal & ORS

2019-04-01Hon'Ble Justice Bivas Pattanayak2 pages

06.12.2024 Sl. No. 05.

D/L.

Mithun Ct.No.39.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE IA No: CAN/1/2019( Old No:CAN/8780/2019) in WPA 23376 of 2018 Samaresh Chatterjee & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Kalyan Kr. Chakraborty, Mr. Vivek Pandey, Mr. Gopal Krishna Sarkar ..for the petitioners.

Mr. Samrat Sen, Ms. Manali Ali ...for the State respondents.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

IA No: CAN/1/2019( Old No:CAN/8780/2019) This is an application for restoration of the writ petition dismissed on 1st April, 2019.

Mr. Kalyan Kr. Chakraborty, learned Advocate appearing for the petitioners submits that due to change of determination on the date the matter was taken up, the petitioners were not represented for which reason, the matter got dismissed. He seeks for restoration of the writ petition upon condonation of delay.

Upon going through the averments made in the application, the cause shown is sufficient to restore the

application upon condonation of delay. Accordingly, the order dated 1st April, 2019 is recalled. The writ petition being WPA No.23376 of 2018 is restored to its original file and number.

CAN 1 of 2019( Old No.CAN 8780 of 2019) stands disposed of.

WPA 23376 of 2018 Mr. Samrat Sen, learned Advocate representing the State-respondents seeks to file affidavit-inopposition.

Let such affidavit-in-opposition be filed one week after the Winter Vacation. Reply thereto, if any, be filed within one week thereafter.

List this matter two weeks after the Winter Vacation.

(Bivas Pattanayak, J.)