Collvin Sarkar v. Union Of India & ORS

17.03.2023 IN THE HIGH COURT AT CALCUTTA DL-212 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 1792 of 2018 with CAN 3 of 2019 (Old No. CAN 11011 of 2019) with CAN 4 of 2022 with CAN 5 of 2022 Sri Collvin Sarkar Vs.

Union of India & Ors.

Ms. Arpita Das ....for the applicant/petitioner.

Mr. Om Narayan Rai, Mr. Rajdeep Mantha .....for the respondent nos.3 to 5.

In Re: CAN 3 of 2019 Ms. Das, learned counsel appearing on behalf of the applicant/petitioner submits that she does not wish to proceed with the application, being CAN 3 of 2019.

In such view of the matter, let CAN 3 of 2019 be dismissed as not pressed.

In Re: CAN 5 of 2022 This is an application for condonation of delay of 1105 days in filing the restoration application, being CAN 4 of 2022.

Perused the grounds. Such grounds are found to be sufficient.

In the circumstances, CAN 5 of 2022 is allowed and CAN 4 of 2022 is taken on board.

In Re: CAN 4 of 2022 This is an application for restoration of WPA 1792 of 2018. The said writ petition was dismissed for default by an order dated December 6, 2018 passed by a Coordinate Bench of this Hon'ble Court. Perused the grounds. Such grounds are found to be sufficient.

Let the order dated December 6, 2018 be recalled and WPA 1792 of 2018 be taken on board. CAN 4 of 2022 is allowed.

The said application for restoration is allowed only upon payment of costs assessed at Rs.2,000/- payable to the learned advocate appearing on behalf of the respondents by 2 weeks from date. In default, the writ petition will stand dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

(Lapita Banerji, J.)