Manoj Thakur v. Union Of India

OD-2 & 3 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE IA NO:GA/2/2022 WPO/1345/2004 MANOJ THAKUR & ORS.

Versus

THE UNION OF INDIA & ORS.

IA NO:GA/3/2022 WPO/1345/2004 MANOJ THAKUR & ORS.

Versus

THE UNION OF INDIA & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date : 16th February, 2022.

[Via Video Conference] Appearance:

Mr. Soham Banerjee, Adv.

Mr. Parshar Baidya, Adv.

...for Petitioner.

Mr. V. Chatterjee, Adv Mrs. S. Ghosh, Adv.

Mr. S. Bhattacharya, Adv.

...for Respondent nos. 2 to 6.

The Court :-The writ petition stood dismissed for default on 14th November, 2019.

The petitioner has filed the restoration application being GA No.3 of 2022 only on 28th January, 2022 after lapse of two years and more. The petitioner has also made an application for condonation of delay being GA No.2 of 2022.

Although I am not satisfied with the explanation given for the reasons which prevented the petitioner from appearing on 14th November, 2019 but for ends of justice, I restore the writ petition being WPO No.1345 of 2004 to its original file and number subject to the petitioner paying a sum of Rs.3,000/- to the High Court Legal Services Committee within a period of two weeks from date failing which the order of restoration shall stand automatically recalled and/or vacated.

Since the petitioner has come prior to expiry of three years period, no order is necessary to be passed in GA No.2 of 2022. GA No.2 of 2022 and GA No.3 of 2022 are disposed of accordingly. (ARINDAM MUKHERJEE, J.) NM.