Tarak Chandra Paul v. The Bongaon Municipality, Bongaon ANR ORS.

25.03.2026 Item No.14 Court No.12 CP FMA 1871 of 2025 with CAN 1 of 2026 Tarak Chandra Paul Vs.

The Bongaon Municipality & Ors.

Mr. Partha Sarathi Das Mrs. Sudipa Das Mr. A. Chanda Mrs. Swarnali Ghosh Mrs. Maria Sharwari .....for the Appellant.

Mr. Swapan Kr. Datta Mr. Biplab Guha ...for the State.

Mr. Sayan Sinha Mr. Nilanjan Bhattacharya .....for the respondent no. 2.

The appeal is allowed.

The order impugned is set aside. Non-appearance of the writ petitioner/appellant should have led to dismissal of the writ petition for default. The observation that the writ petitioner is not interested in the matter and as such the writ petition should be dismissed for non-prosecution takes away the right of the appellant/writ petitioner to pray for restoration. Under such circumstances, the writ petition being WPA 695 of 2024 is restored to its original file and

number and the same shall be heard afresh. The appellant will not pray for unnecessary adjournments. The connected application being CAN 1 of 2026 is also disposed of.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.) (Ajay Kumar Gupta, J.)