Dipali Das v. State Of West Bengal And ORS.

24.03.2025 Sl. No. 03.

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 29217 of 2024 Dipali Das Vs.

The State of West Bengal & Ors.

Mr. Rupayan De, Ms. Priya Nandy ...for the petitioner Mr. Lalit Mohan Mahata, AGP, Mr. Ziaul Haque ...for the State Affidavit-of-service filed on behalf of the petitioner is taken on record.

In re : CAN 1 of 2025 This is an application for restoration of the writ petition being WPA 29217 of 2024 by recalling order dated 16th January, 2025.

The writ petition was dismissed for default on 16th January, 2025.

Mr. Rupayan De, learned Advocate appearing for the petitioner submits that on the date the matter was called on, the clerk of the learned Advocate failed to follow the list, resulting in non-appearance of the learned Advocates and subsequent, dismissal of the writ petition. He seeks for restoration of the writ petition upon recalling of 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 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 16th January, 2025 is recalled.

The writ petition being WPA 29217 of 2024 is restored to its original file and number.

The application being CAN 1 of 2025 stands disposed of.

WPA 29217 of 2024 List this matter on 1st April, 2025 under the heading "Motion".

Petitioner is directed to serve afresh upon the respondents in the meantime.

Service upon the State-respondents is dispensed with.

(Bivas Pattanayak, J.)