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2026 DAILYLAW 41505 (CAL)

KHOKAN GARAI v. STATE OF WEST BENGAL AND ORS.

RVW/120/2025 · 2026-09-18

Rajasekhar Mantha

body2026

Judgment text

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18.09.2026 Court No.13 Item No.3 AP RVW 120 of 2025 With CAN 1 of 2025 With CAN 2 of 2025 Khokan Garai Vs. The State of West Bengal and Ors. In WPA 3468 of 2023 Khokan Garai Vs. The State of West Bengal and Ors. Mr. Debashis Saha Mr. Avirup Roy Sanyal Mr. S. Pal Mr. J. Sarkar ... For the Petitioner/Review Applicant. Mr. Depopriya Gupta, AGP Mr. Nilanjan Chatterjee Mr. Biswanath Banerjee ... For the State. 1. This Court is not remotely satisfied with the explanation offered for condonation of delay in preferring the instant review application. 2. The applicant admittedly received the certified copy of this Court’s order dated 14th March, 2024 on 24th June, 2024. He has been continuously contacting his erstwhile advocate-on-record, who admittedly was not keeping well and not attending Court regularly. The said advocate-on- record died on 15th February, 2025. 2 3. The applicant ought to have engaged another advocate after coming to know of the ailment of erstwhile advocate-on-record. 4. There is no specific explanation of each day of delay in terms of the dicta of the Supreme Court in the case of Shivamma (Dead) by LRs v. Karnataka Housing Board & Ors. reported in 2025 SCC OnLine SC 1969 particularly paragraph 200. 5. Carriage of proceedings is on the person wanting to pursue of an application. 6. Even considering the application for review on merits, this Court notes that the petitioner secured far less marks than any other ‘OBC-B’ candidates whether they were appointed against the ‘General Category’ or in the ‘OBC-B’ category. 7. In that view of the matter, this Court is not inclined to entertain the review application. 8. CAN 1 of 2025 shall stand dismissed. Consequently, RVW 120 of 2025 along with CAN 2 of 2025 shall also stand dismissed. (Rajasekhar Mantha, J.)