Sariful Mondal v. State Of West Bengal And ORS.

18.03.2025 Sl. No. 02.

D/L.

Mithun Ct.No.39.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 25733 of 2023 With IA No: CAN/1/2024 Sariful Mondal Vs.

The State of West Bengal & Ors.

Mr. Asraf Mandal, Mr. Tanbir Mandal ...for the petitioner Mr. Naba Kumar Das Ms. Supriya Majumder ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

In re : CAN 1 of 2024 This is an application for restoration of the writ petition being WPA 25733 of 2023 by recalling order dated 10th December, 2024.

By order dated 10th December, 2024, the writ petition was dismissed for default.

Mr. Asraf Mandal, learned Advocate appearing for the petitioner submits that on the date the matter was called on, learned Advocate due to hospitalization of one of his family members could not appear, resulting in

dismissal of the writ petition. He seeks for restoration of the writ petition upon recalling the order of dismissal. Ms.

Supriya Majumder, learned Advocate appearing for the State leaves the matter to the discretion of the Court.

Considering the submissions advanced on behalf of the petitioner as well as the averments made in the application, it is found that sufficient cause has been shown to restore the writ petition upon recalling the order of dismissal.

Accordingly, the order of dismissal dated 10th December, 2024 is recalled.

The writ petition being WPA 25733 of 2023 is restored to its original file and number.

The application being CAN 1 of 2024 stands disposed of.

WPA 25733 of 2023 List this matter after two weeks under the heading "Motion".

(Bivas Pattanayak, J.)