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Calcutta High Court · body

2025 DAILYLAW 13379 (CAL)

ARMAN ALI MONDAL v. STATE OF WEST BENGAL & ORS.

WPA/4092/2020 · 2025-03-12

Rai Chattopadhyay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.02.2025. PB Sl. No.10. Ct. No.25. WPA 4092 of 2020 With CAN 1 of 2025 With CAN 2 of 2025 Arman Ali Mondal Vs. The State of West Bengal & Ors. Mr. Biswaroop Biswas, Mr. Dwariknath Mukherjee, Mr. Pradip Kumar Ghosh. … For the petitioner. Mr. Supriyo Chattopadhyay, Mr. Pinaki Bhattacharyay. ….for the State. CAN 1 of 2025 and CAN 2 of 2025 are the two applications by the applicant/writ petitioner (WPA 4092 of 2020), to pray for restoration of the writ petition by recalling the Court’s order dated August 1, 2023, by dint of which the writ petition as above has been dismissed for default and for condonation of delay of 157 days in filing CAN 2 of 2024, respectively. Learned advocate for the applicant appears and submits that due to the laches on the part of the learned conducting lawyer, petitioner could not have been represented on the concerned date before the Court, for which the petitioner would have no role to contribute. He would seek that the order dismissing the writ petition for default dated August 1, 2023, may be recalled. Considering the ground as above to be substantive and sufficient, the Court finds it proper to allow the pursuant applications. Hence, CAN 2 of 2025 is allowed thereby condoning the delay of 157 days in filing CAN 1 of 2025 by the applicant. CAN 1 of 2025 is allowed, thereby recalling this Court’s order dated August 1, 2023, and restoring the writ petition being WPA 4092 of 2020 in its original file and number. CAN 1 of 2025 and CAN 2 of 2025 are disposed of. Let this matter be listed in the monthly cause list of March, 2025, under the heading “Adjourned Hearing”. (Rai Chattopadhyay, J.) 2