Sanat Sutradharand ANR, v. The Ditrict Magistrate And Collector And ORS.

30.04.2025 Sl. No. 52.

D/L.

Mithun Ct.No.39.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE IA No: CAN 1 of 2025 in WPA 25762 of 2023 Sri Sanat Sutradhar & Anr.

Vs.

The District Magistrate & Collector & Ors.

Ms. Nandita Baksi ...for the petitioner Mr. Lalit Mohan Mahata, AGP, Mr. Rudranil De ...for the State Affidavit-of-service filed on behalf of the petitioners is taken on record.

In re : CAN 1 of 2025 This is an application for restoration of the writ petition being WPA 25762 of 2023 by recalling order dated 17th December, 2024.

By order dated 17th December, 2024, the writ petition has been dismissed for default.

Ms. Nandita Baksi, learned Advocate appearing for the petitioners submits that, on the date the matter was taken up, the learned Advocate failed to appear, resulting in dismissal of the writ petition. She seeks for restoration of the writ petition upon recalling the order of dismissal.

Mr. Lalit Mohan Mahata, learned Additional Government Pleader leaves the matter to the discretion of the Court.

Considering the submissions advanced on behalf of the petitioners 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 17th December, 2024 is recalled.

The writ petition being WPA No. 25762 of 2023 is restored to its original file and number.

The application being CAN 1 of 2025 stands disposed of.

WPA 25762 of 2023 Petitioners are directed to serve copy of the writ petition along with its annexure upon the learned Advocate for the private respondent and file affidavit-ofservice on the returnable date. List this matter after two weeks under the heading "Motion".

(Bivas Pattanayak, J.)