Calcutta High Court (Appellete Side)
Bibek Ranjan Chakraborty vs The State Of West Bengal & Ors on 12 September, 2019
Author: Arijit Banerjee
Bench: Arijit Banerjee
1
1.
12-09-2019
debajyoti/kole
MAT 980 of 2019
with
CAN 7937 of 2019
Bibek Ranjan Chakraborty
Vs.
The State of West Bengal & Ors.
Mr. Ananta Kumar Lala,
Mr. Bidyut Kumar Bhattacharyya,
Mr. Sudarshan Ghosh
.... For the Appellant.
Mr. Md. Yasin Ali,
Ms. Tapati Samanta
.... For the State.
Mr. Ayan Banerjee,
Mr. Arijit Bhowmick,
Ms. Debasree Dhamali
.... For Respondent Nos.6 to 8.
1. The writ petition of the appellant was dismissed for default by the learned Single Judge by an order dated February 28, 2019. The petitioner's application for restoration of the writ petition was allowed by an order dated March 19, 2019.
2. It appears that thereafter the writ petitioner filed CAN 4217 of 2019 praying for recall and modification of the order dated March, 19, 2019 and for appropriate order being passed in the writ petition. The learned Judge by the order dated June 10, 2019 allowed such application by recalling the order dated March 19, 2019. This order is under challenge before us.
3. Learned counsel for the appellant submits that what, in fact, the writ petitioner prayed was that the writ petition be considered by the learned Judge and appropriate orders be passed. However, we notice from the application 2 that the relief prayed for was recall of the order of restoration which was allowed. Hence, we find no merit in the appeal. However, it will be open to the writ petitioner/appellant to approach the learned Single Judge with an appropriate application for appropriate order which may enable him to pray for final disposal of the writ petition on merits.
4. The appeal and the application are disposed of.
5. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
( Thottathil B. Radhakrishnan, C.J. ) ( Arijit Banerjee, J. )