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Calcutta High CourtWPA/27299/2023dismissed for default

Niranjan Hazra v. State Of West Bengal And ORS.

2024-01-04Hon'Ble Justice Aniruddha Roy2 pages

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 27299 of 2023 + CAN 1 of 2024 + CAN 2 of 2024 Niranjan Hazra VS The State of West Bengal & Ors.

Mr. Probal Sarkar ..... for the petitioner Mr. Kushal Das ..... for the State In Re: CAN 2 of 2024 This is an application seeking condonation of 02.12.2024 (Item No. 4) (AB) delay for about 57 days in filing the application for restoration of a writ petition which was dismissed for default on January 4, 2024.

Mr. Probal Sarkar, learned advocate appears for the petitioner/applicant.

Mr. Kushal Das, learned advocate appears for respondent No. 2.

None appears for the rest of the respondents. Considering the averments made in the writ petition this Court is satisfied that sufficient cause has been made out as to why the petitioner was prevented in applying for restoration of the writ petition in time. The delay stands condoned.

Accordingly, the application being CAN 2 of 2024 stands allowed.

In Re: CAN 1 of 2024 In view of the order passed in CAN 2 of 2024 and since sufficient cause has been made out in the application the order of dismissal dated January 4, 2024 stands recalled.

The writ petition stands restored to its original file and number.

Accordingly application being CAN 1 of 2024 stands allowed, without any order as to costs. (Aniruddha Roy, J.)