Mithun Biswas v. State Of West Bengal & ORS

02.04.2025 Sl. No.: 34 Court No.30 BM WPA 13014 of 2015 + IA No.: CAN 2 of 2023 + IA No.: CAN 3 of 2023 Mithun Biswas Vs.

The State of West Bengal & Ors.

Mr. Dinendranath Chatterjee Mr. M. Chakraborty Mr. Prasanto Pathak ... for the petitioner IA No.: CAN 3 of 2023 preferred under Section 5 of the Limitation Act is taken up for hearing. By the instant application, the petitioner has prayed for condonation of delay in filing the application for recalling.

Considering the grounds as made out and in the interest of justice, the application for condonation of delay is allowed on the delay being condoned.

Application being IA No.: CAN 3 of 2023 is allowed and thus disposed of.

Re : IA No.: CAN 2 of 2023 IA No.: CAN 2 of 2023 is moved by the learned counsel for the petitioner praying for recalling of the order dated 19.12.2018.

Considering the grounds as made out in the petition and in the interest of justice, the application

for recalling being IA No.: CAN 2 of 2023 is allowed. The order of dismissal dated 19.12.2018 is recalled. Writ Petition No.13014 of 2015 is restored to its original file and number.

IA No.: CAN 2 of 2015 stands disposed of.

The petitioner is directed to serve a notice of restoration of the writ application upon all the respondents and file an affidavit of service on the next date of hearing.

Matter to appear in the monthly list of May, 2025.

( Shampa Dutt (Paul), J. )