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Calcutta High Court · body

2025 DAILYLAW 24716 (CAL)

PABAN ADHIKARI v. STATE OF WEST BENGAL & ORS

WPA/12683/2017 · 2025-04-07

Rai Chattopadhyay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.03.2025. PB Sl. No.7. Ct. No.25. WPA 12683 of 2017 With CAN 1 of 2024 With CAN 2 of 2024 Paban Adhikari Vs. The State of West Bengal & Ors. Mr. Rezaul Hossain, Mr. Parvez Hossain. … For the Petitioner. Mr. Anirban Saha. …..for the respondent no.5. Two applications being CAN 1 of 2024 and CAN 2 of 2024, are filed by the applicant/writ petitioner. CAN 1 of 2024 is to seek recall of this Court’s order dated September 12, 2023, passed in WPA 12683 of 2017 and restoring the writ petition as above, in its original file and number. CAN 2 of 2024 is an application seeking condonation of delay of 383 days in filing the CAN 1 of 2024 by the applicant. The Court has dismissed the writ petition as above, for default, by dint of its order dated September 12, 2023. 2 The applicant/petitioner has cited the reasons regarding his unintentional and bona fide laches as the learned advocate for him, was not able to appear before the Court on the particular date due to his personal reasons and also that the applicant/petitioner due to severe illness of his father could not contact with the learned advocate in due time to follow-up the proceedings of the Court. The reasons as shown by the applicant/petitioner in the applications as mentioned above, appear to be substantive and sufficient. Hence, the Court is of the considered opinion that the prayers of the applicant in the applications number CAN 1 of 2024 and CAN 2 of 2024, should be allowed. Copies of the applications have been served upon the opposite parties. The opposite party/school authority is represented, though no one is appearing for the State respondent. On the premise as above, it is directed that the CAN 1 of 2024 and CAN 2 of 2024 are allowed. The delay of 383 days in filing CAN 1 of 2024 is condoned. The order of the Court dated September 12, 2023 in WPA 12683 of 2017, be recalled. Let the writ petition being WPA 12683 of 2017 be restored in its original file and number. Let this matter appear as “Adjourned Hearing”. (Rai Chattopadhyay, J.)