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Calcutta High CourtWPA/24052/2014dismissed for default

Dilip Pal v. State Of West Bengal & ORS

2022-09-23Hon'Ble Justice Saugata Bhattacharyya3 pages

26.04.2024 Court No. 15 Item No. 64(ML) (Suvendu) W.P.A. 24052 of 2014 With CAN 2 of 2022 With CAN 3 of 2024 Dilip Pal -VersusState of West Bengal & Ors.

Mrs. Ujani Pal (Samanta) .........for the petitioner/applicant Two applications, one being CAN 3 of 2024 seeking condonation of delay in presenting recalling application and another application being CAN 2 of 2022 praying for recall of the order dated 23rd September, 2022 passed by a Coordinate Bench, are taken up for consideration in presence of the learned advocate representing the petitioner/applicant. However, no one appears on behalf of the respondents in spite of service of notice.

The affidavit of service filed on behalf of the applicant is taken on record.

Having perused the explanation offered in the application seeking condonation of delay in presenting the recalling application, this Court

is satisfied and the delay occurred in presenting the recalling application is condoned.

Accordingly, CAN 3 of 2024 is allowed and disposed of by treating the same as on day's list. On perusing the explanation offered in the recalling application being CAN 2 of 2022, this Court expresses its satisfaction on sufficiency of cause.

Accordingly, the application being CAN 2 of 2022 stands allowed and disposed of.

The order dated 23rd September, 2022 stands recalled and the writ petition is restored to its original file and number.

List the writ petition under the heading "Hearing (Group -V) Panchayat (For Disposal)" in the Monthly Combined List of June, 2024.

The learned advocate representing the petitioner/applicant is directed to serve a notice upon all the respondents or the learned advocates representing the respondents enclosing a copy of this order and file an affidavit of service on the adjourned date.

(Saugata Bhattacharyya, J.)