The Court, in miscellaneous applications filed against its earlier default order, condoned a 270-day delay in filing a restoration application and recalled that order to restore the main writ petition in the original file.
Condonation of 270-days delay and restoration of WPA 24575 of 2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
26.02.2025. PB Sl. No.6. Ct. No.25.
WPA 24575 of 2017 With CAN 1 of 2024 With CAN 2 of 2024
Sonali Mandal Vs. The State of West Bengal & Ors.
Mr. Shuvro P. Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal.
… For the Petitioner.
Mr. B. P. Vaisya, Mr. Gourav Das. …..for the State.
Two applications being CAN 1 of 2024 and CAN 2 of 2024, are filed by the applicant/writ petitioner seeking recall of this Court’s earlier order dated August 1, 2023, in WPA 24575 of 2017, thereby dismissing the said writ petition for default and for seeking condonation of delay of 270 days in filing the restoration application as above, respectively.
Heard submissions made on behalf of the parties and also perused the records.
The Court finds the grounds pleaded in the present application as above, are substantive and sufficient. In considering thereof, the Court finds it proper to allow both the applications.
2
Hence, CAN 2 of 2024 is allowed, thereby condoning the delay of 270 days in filing CAN 1 of 2024.
CAN 1 of 2024 is allowed, thereby recalling the Court’s order dated August 1, 2023, in WPA 24575 of 2017 and restoring the writ petition in its original file and number.
Let this matter appear in the list immediately under the heading “Old Hearing Matters”.
Mr. Das, learned advocate appearing for the respondent State, is requested to file a status report on the next date of hearing.
(Rai Chattopadhyay, J.)
2 issues framed by the court
Whether to condone a delay of 270 days in filing a restoration application.
Whether to recall a previous order dismissing the writ petition for default and restore the file.
Sonali Mandal
The State of West Bengal
Rai Chattopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
