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Calcutta High CourtRVW/193/2019dismissed

Dulal Chandra Paul v. State Of West Bengal & ANR

2021-01-19Hon'Ble Justice Amrita Sinha2 pages

RVW 193 of 2019 CAN 1 of 2019 CAN 2 of 2019 (arising out of ) W.P.A 72160 of 2019 Court No. 24 19.01.2021 (Item No. 141) (SB) Dulal Chandra Paul Vs.

The State of West Bengal & Anr.

(arising out of ) W.P.A 72160 of 2019 Mr. Sankar Paul ...for the Petitioner Mr. Amal Kumar Sen .... for respondent no. 2 The petitioner has prayed for review of the order dated 02.04.2019. The application for review has been filed beyond time. An application praying for condonation of delay has also been filed.

It appears from the grounds made out in the review application that the same are simply not maintainable in view of the fact that the petitioner has tried to rely upon certain documents which were neither produced nor were available with the petitioner at the time when the writ petition was filed and thereafter taken up for consideration by the Court. The petitioner has also not make any averment in the memorandum of review that the said documents were not available to him in spite of due diligence.

It appears that after the writ petition was dismissed by the Court, the petitioner procured certain further documents, which according to him, were in support of the prayers made in the writ petition.

I am not inclined to accept the contention of the petitioner that subsequent documents can be relied upon after the writ petition has been considered at length and disposed of by the Court. The grounds made out for review and the reasons prayed for condonation of delay being not acceptable to the Court the review application along with all connected applications praying for stay and condonation of delay stands dismissed. Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

(Amrita Sinha, J. )