A single judge recalled an earlier order dismissing a writ petition for default due to sufficient grounds. The petition was restored to its original file with further hearing directed.
Previous order dated 9.7.2024 recalled; writ petition WPA No. 6783 of 2008 restored; matter listed for 22.8.2024.
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WPA 6783 of 2008 (CAN 2 of 2024) 14.8.2024 Menoka Ghosh & Anr. ct.25, sl. 2 vs sk The State of West Bengal & Ors.
Mr. Kishore Mukherjee …for the petitioner.
Mr. Supriyo Chattopadhyay Mr. Sabyasachi Mondal Mrs. Sayanteni Bhattacharyay …for the State.
An application being CAN 2 of 2024 is filed by the applicant/writ petitioner seeking recalling of this Court’s order dated 9.7.2024, thereby dismissing the writ petition No. 6783 of 2008 for default.
The grounds made out in the said application as the reasons for the petitioner not being represented in Court on the particular day, appear to be sufficient.
For the reason as above, the following directions are passed:-
i) Previous order of this Court dated 9.7.2024 is recalled.
ii) The original writ petition being WPA No. 6783 of 2008 is restored to its original file and number.
iii) CAN 2 of 2024 is disposed of.
Let this matter appear in the list on 22.8.2024 under the heading “Old Hearing Matters”.
(Rai Chattopadhyay, J.)
1 issue framed by the court
Whether the petitioner justifies the default for non-appearance and warrants restoration of the writ petition.
Menoka Ghosh & Anr.
State of West Bengal & Ors.
Rai Chattopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
