Indernath v. The Lieutenant Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA 60/2022 IA No. CAN/1/2022, CAN/2/2023 Shri Indernath ... Petitioner Vs.

The Lieutenant Governor and Others ... Respondents Mr. K. Sabir ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondents January 25, 2023 [MAM] Item No.12 Two applications, one being CAN 1 of 2022 is for recall of the order dated 21.06.2022 passed by a coordinate Bench and another being CAN 2 of 2023 seeking condonation of delay in presenting the recalling application are taken up for consideration.

Having seen the explanation offered in the application for condonation of delay this Court is satisfied and accordingly delay in preferring restoration application stands condoned. The application being CAN 2 of 2023 stands allowed and disposed of.

This Court has also perused the explanation offered in recalling application and the Court is satisfied that the petitioner was prevented by sufficient cause from being represented before the Court on the date when the writ petition stood dismissed for default.

Accordingly, the writ petition is restored to its original file and number.

The application being CAN 1 of 2022 is allowed and disposed of.

WPA 60 of 2022 Mr. K. Sabir, learned Advocate representing the petitioner submits that in view of the notice dated 16th January, 2023 issued by the Tehsildar, Port Blair, the same needs to be challenged before the appropriate authority. Therefore, the present writ petition is not pressed. Accordingly, the writ petition stands dismissed as not pressed. However, this order shall not preclude the petitioner to take steps in accordance with law, if so advised.

Urgent photostat certified copy of this order be supplied to the parties after compliance of all required formalities.

(Saugata Bhattacharyya, J.)