BISWAJIT GOSWAMI v. KOLKATA MUNICIPAL MUNICIPAL CORPORATION AND ANR.
WPO/935/2024 · 2025-09-25
Gaurang Kanth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57709 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57709 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OD-2 & 3
ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE
IA No. GA/1/2025 & I.A. No. GA/2/2025 IN WPO/935/2024
BISWAJIT GOSWAMI -VS- KOLKATA MUNICIPAL CORPORATION AND ANR.
BEFORE:
THE HON’BLE JUSTICE GAURANG KANTH Date : July 3, 2025.
Appearance: Mr. Tapas Dutta, Adv. Mr. Mrityunjoy Halder, Adv. Mr. Anirban Ghosal, Adv. Ms. Atreyee Chatterjee, Adv. … for the petitioner
Mr. Gopal Chandra Das, Adv. … for the KMC
The Court : G.A. No. 1/2025 (Applicatiuon for Condonation of delay): An application has been filed to condone a delay of 62 days in filing the restoration application.".
Learned counsel for the petitioner submits that due to a medical emergency, he was unable to attend the hearing on 19.03.2025. Thereafter, he filed the first restoration application on 13.05.2025; however, it was returned by the department due to a typographical error. Subsequently, he could not file a fresh application due to the summer break. He has now filed the restoration application after the court
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reopened. In this process, there is a delay of 62 days. The petitioner prays for condonation of the said delay, submitting that it was neither intentional nor deliberate, but occurred due to unavoidable circumstances, as explained in the application.
Learned Counsel for the respondent fairly submits that he has no objection in condoning the delay. In view of the submissions made and for the reasons stated in the application, the delay of 62 days in filing the restoration application is hereby condoned. The application is disposed of. G.A. No. 2/2025 (Application for restoration of the writ petition.)
This is a restoration application filed by the petitioner. The present writ petition was dismissed for default on 19.03.2025 due to the non- appearance of the petitioner. Learned Counsel for the petitioner submits that he was unable to attend the hearing due to a medical emergency. He further states that the non-appearance was unintentional and caused by circumstances beyond his control.
Learned Counsel for the respondent fairly submits that he has no objection to the restoration of the writ petition. In view of the above, and for the reasons stated in the application, the present restoration application is allowed. The writ petition is accordingly restored to its original position. The application stands
disposed of.
(GAURANG KANTH, J.) RS