NEMAI MAHANTA v. THE STATE OF WEST BENGAL AND ORS.
WPA/14332/2025 · 2025-08-11
Subhendu Samanta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30063 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30063 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
10.09.2025 Item No.17 Ali ct. no.24 WPA 14332 of 2025 With IA No.:CAN/1/2025
Nemai Mahanta Vs. State of West Bengal & Ors.
Ms. Pampa Dey (Dhabal) Mr. Biswarup Chatterjee, Ms. Sangita banerjee
….for the petitioner.
Mr. Vivekananda Bose, Mr. Abhijit Ghosh
……for the State.
Mr. Ranjit Kr. Jaiswal, Mr. Nandalal Badhan
…for the respondent No. 7.
Affidavit-of-service filed on behalf of the petitioner be taken on record. In re.:CAN 1 of 2025 This is an application for restoration.
Learned counsel for the petitioner submits that the instant writ petition being WPA No. 14332 of 2025 was dismissed for default on 11th of August,
2025. Learned advocate on record for the petitioner was engaged in another Court, so he could not appear before this Court at the time when the matter was called on for hearing.
Learned counsel for the petitioner further submits that the instant application for restoration
2 was filed within the statutory period so he prayed for restoration of the writ petition.
Learned counsel appearing on behalf of the State as well as the private respondent raised no objection. But, learned counsel for the private respondent pressed heard so that the matter can be
disposed of as early as possible. Having heard the learned counsel for the parties; considering the reasons mentioned in the body of CAN 1 of 2025, it appears that the grounds mentioned herein are sufficient. The writ petition being WPA 14332 of 2025 was dismissed for default on 11th of August, 2025, and instant application for restoration was filed on 19th of August, 2025 i.e. within time. Considering the prompt action of the petitioner and considering the grounds mentioned herein the CAN 1 of 2025 be considered and allowed. The order dated 11th of August, 23025 is hereby recalled. The writ petition being WPA No. 14332 of 2025 is herby restored to its original file and number. As of the parties to the matter has already made their appearance, let the matter appear in the list under the heading “New Motion”.
(Subhendu Samanta, J.)