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Calcutta High CourtWPA/21187/2012dismissed

Rameshwar Lal Agarwal v. Union Of India

2025-03-05Hon'Ble Justice Partha Sarathi Sen2 pages

S/L 26 12.08.2024 Court. No. 551 Sourav WPA 21187 of 2012 With CAN 1 of 2017 (Old No. CAN 2106 of 2017) With CAN 2 of 2021 Rameshwar Lal Agarwal Vs.

Union of India & Ors.

Mr. Ram Anand Agarwala Ms. Nibedita Pal Mr. Amamda Gopal Mukherjee Ms. Sonam Ray Ms. N. Khatoon ... for the petitioner.

Ms. Aparna Banerjee ... for the respondents.

In Re: CAN 1 of 2017 (Old No. CAN 2106 of 2017) 1.

This is an application for recalling the order dated 13.06.2014 whereby and whereunder the writ petition being WPA 21187 of 2012 was dismissed for default. 2.

Perused the writ petition.

3.

Heard the learned advocate for the parties.

4.

Prayer is allowed.

5.

The order of dismissal as recorded on 13.06.2014 is hereby recalled.

6.

Consequently, the writ petition being WPA 21187 of 2012 is restored to its original file.

7.

Accordingly, the interim application being CAN 1 of 2017 (Old No. CAN 2106 of 2017) is disposed of. In Re: CAN 2 of 2021 1.

It is submitted on behalf of the petitioner that the interim application being CAN 2 of 2021 has been

filed with a similar prayer since, the original application being CAN 1 of 2017 (Old No. CAN 2106 of 2017) was not traceable.

2.

It is thus, submitted that with the disposal of CAN 1 of 2017 (Old No. CAN 2106 of 2017) today, the CAN 2 of 2021 has become infructuous.

3.

In view of such submission, the interim application being CAN 2 of 2021 is also disposed of as infructuous.

In Re: WPA 21187 of 2012 1.

On perusal of the entire file, it reveals that the original order dated 13.06.2014 is not traceable.

2.

In view of such, department is directed to tag a server copy of order dated 13.06.2014 with the instant file. 3.

It is reported at the Bar that exchange of affidavits has not yet been completed.

4.

In view of such, affidavit-in-opposition is to be filed within two weeks hence, affidavit-in-reply, if therebe any, is to be filed one week thereafter.

5.

Let the matter be listed on September 3, 2024 under the heading "Writ Petition".

(Partha Sarathi Sen, J.)