Amar Chandra Mondal v. The State Of W.B.

10.04.2024 Item No.22 Ct. No.11 CHC W.P.A. 6071 of 2004 IA NO: CAN/1/2023 CAN/2/2023 Amar Chandra Mondal Vs.

State of West Bengal & ors.

Mr. Prahlad Chandra Ghosh, Mr. Sukumar Sarkar ...for the petitioner Mr. Prasanta Kumar Giri ...for the State Head the learned advocates appearing for the respective parties. Perused the applications. In Re : CAN/2/2023 The application has been taken out seeking condonation of delay in preferring the application for restoration being CAN 1 of 2023.

Having heard the learned advocate appearing for the parties and considering the averments made in the application, I am satisfied that there was a sufficient cause which prevented the petitioner in preferring the application for restoration within the time prescribed. Accordingly, delay is condoned.

CAN 2 of 2023 stands allowed.

In Re : CAN 1 of 2023 Having regard to the facts and circumstances of the case and upon consideration of the contentions canvassed by the parties and averments made in the application, I am

satisfied with the cause shown towards absence of the learned advocate of the petitioner on 13th December, 2019 when the matter was called on for hearing.

Consequently, order dated 13th December, 2019 is recalled. The writ petition is restored to its original file and number.

CAN 01 of 2023 stands allowed.

Mr. Ghosh, learned advocate appearing for the petitioner prays for an order for reinstatement of the interim order passed earlier in this writ petition.

Learned advocate appearing for the State did not oppose such prayer.

In view thereof, the interim order last extended on January 28, 2004 is reinstated and extended till the disposal of the writ petition.

In Re: WPA 6071 of 2004 Heard the learned advocate appearing for the parties. Mr. Ghosh, learned advocate appearing for the petitioner prays for extension of time to file affidavit-in-opposition. Let affidavit-in-opposition be filed within three weeks from date. Reply, if there be any, be filed within two weeks thereafter.

List the matter after expiring of the period as specified towards exchange of affidavits by the parties. (Partha Sarathi Chatterjee, J.)