Allowed¶13

Tapas Kumar Ghosh & Ors. v. State of West Bengal & Ors.

Calcutta HC18 Mar 2026WPA/18340/2016

Case brief

AI extract

What is this about?

Restoration of writ petition dismissed for default; recall of dismissal order dated 18.03.2026; revival of interim order prevailing on or before 18.03.2026; W.P.A. 18340 of 2016; Tapas Kumar Ghosh v. State of West Bengal; Calcutta High Court; I.A. No. CAN 2 of 2026 disposed; relisting under 'For Hearing' in May 2026 monthly list; liberty to mention; bench: Sujoy Paul, CJ. and Partha Sarathi Sen, J.

What did the court decide?

Recall of the order dated 18.03.2026 dismissing W.P.A. 18340 of 2016 for default; restoration of the writ petition to its original file and number; restoration of the interim order prevailing on or before 18.03.2026; listing of the matter in the monthly list of May 2026 under the heading 'For Hearing'; liberty to mention. ¶13

Tapas Kumar Ghosh & Ors. Vs State of West Bengal & Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the order dated 18.03.2026 dismissing W.P.A. 18340 of 2016 for default should be recalled, in light of the explanation offered by the writ petitioners for their absence when the petition was called for hearing. +1 more

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Court's answer

The Court was satisfied that the writ petitioners had given sufficient explanation regarding their absence on 18.03.2026 when the writ petition was called for hearing.

¶10

Ratio / Principle

The prayer in I.A. No. CAN 2 of 2026 was allowed and the order dated 18.03.2026 dismissing the writ petition for default was recalled.

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Key takeaways

W.P.A. 18340 of 2016 was restored to its original file and number.ratio¶15
With the restoration of the main writ petition, the interim order prevailing on or before 18.03.2026 stands restored.ratio¶17
The restored writ petition was directed to be listed in the monthly list of May 2026 under the heading 'For Hearing', with liberty to mention.ratio

Detailed headnote1 paragraphs

Calcutta High Court (bench of Sujoy Paul, CJ. and Partha Sarathi Sen, J.; order dictated by Partha Sarathi Sen, J.) allowed I.A. No. CAN 2 of 2026 filed in W.P.A. 18340 of 2016 (Tapas Kumar Ghosh & Ors. v. State of West Bengal & ors.), seeking recall of the order dated 18.03.2026 by which the writ petition had been dismissed for default. Satisfied that the writ petitioners had given sufficient explanation for their absence on 18.03.2026 when the petition was called for hearing, the Court recalled the dismissal order, restored W.P.A. 18340 of 2016 to its original file and number, restored the interim order prevailing on or before 18.03.2026, and directed that the matter be listed in the monthly list of May 2026 under the heading 'For Hearing', with liberty to mention. No statutory provision or precedent was cited in this procedural order.

Tapas Kumar Ghosh & Ors. v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Tapas Kumar Ghosh & Ors. v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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