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Calcutta High Court · body

2025 DAILYLAW 7916 (CAL)

SAJAL DEY v. STATE OF WEST BENGAL AND ORS.

WPA/2136/2024 · 2025-01-29

Subhendu Samanta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10.9. 2025 item No.19 n.b. ct. no. 24 WPA 2136 of 2024 with IA CAN 2 of 2025 Sajal Dey Vs. State of West Bengal & Ors. Mr. Subhankar Das, ….. for the petitioner. Mr. Ritesh Kr. Ganguly, …… for the State respondent. In Re. CAN 2 of 2025 This is an application for restoration of writ petition being WPA 2136 of 2024, which was dismissed for default on January 29, 2025. Learned counsel for the petitioner submits that he was engaged in another Court when the matter was called on for hearing. So, he could not appear before this Court. He submits that the application for restoration was filed within the stipulated period of limation, so the application is required to be allowed and the writ petition need be restored. Learned counsel appearing on behalf of the State raised strong objection. Having heard learned counsel for the parties and also considering the grounds mentioned in the body of application being CAN 2 of 2025, it appears to me that the grounds are sufficient, moreover the writ petition was dismissed for default on January 29, 2025 and the application for restoration was filed on February 19, 2025. Considering the prompt actionof the petitioner, the application being CAN 2 of 2025 is considered and allowed. The order dated January 29, 2025 passed by this Court is hereby recalled. The writ petition being WPA 2136 of 2024 is hereby restored to its original file and number. Accordingly, CAN 2 of 2025 is disposed of. In Re. WPA 2163 of 2024 Exception in the form of affidavit filed by the petitioner against the report filed by the State be taken on record. Let the matter appear in the list two weeks after Puja Vacation under the same heading. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Subhendu Samanta, J.) 2