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Calcutta High Court · body

2025 DAILYLAW 1908 (CAL)

BHABESH MAHATA v. STATE OF WEST BENGAL AND ORS.

WPA/29051/2024 · 2026-02-09

Bivas Pattanayak

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11.12.2025 Item No.28 Ct. no.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 29051 of 2024 With C.A.N. 1 of 2025 Bhabesh Mahata -Vs- The State of West Bengal & ors. Mr. Dilip Kumar Sadhu ... for the applicant-petitioner Mr. Bhaskar Prasad Vaisya, Ld. AGP Mr. Nilay Baran Mondal … for the State-respondent Mr. Ranjan Saha … for the D.P.S.C., Paschim Medinipur Re : CAN 1 of 2025 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. This is an application for restoration of the writ petition by recalling order dated 27th February, 2025. 3. By order dated 27th February, 2025, the writ petition being WPA 29051 of 2024 was dismissed for default. 4. Mr. Dilip Kumar Sadhu, learned Advocate appearing on behalf of the applicant-petitioner submits that on the date when the matter was called on, learned Advocate-on-record had been to his house to attend the last rites of his deceased father and the matter could not be attended and the writ petition was dismissed for default. He seeks for restoration of the writ petition upon recalling the order of dismissal. 2 5. Learned Advocates representing the State- respondents as also District Primary School Council, Paschim Medinipur leave the matter to the discretion of the Court. 6. Considering the submissions advanced on behalf of the petitioner and on going through the averments made in the application, it is found that cause shown is sufficient to restore the writ petition by recalling order of dismissal. 7. Accordingly, order of dismissal dated 27th February, 2025 is recalled. 8. The writ petition being WPA 29051 of 2024 is restored to its original file and number. 9. The application being CAN 1 of 2025 stands disposed of. Re : W.P.A. 29051 of 2024 10. The District Inspector of Schools (PE), Paschim Medinipur, respondent no.6 is directed to file report in terms of order dated 16th December, 2024, within a period of two weeks from date. Advance copy of such report be served upon the learned Advocate for the petitioner. Exception to such report, if any, be filed within a week thereafter. 11. Let this matter appear two weeks after ensuing winter vacation. ( Bivas Pattanayak, J.)