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Calcutta High Court (Appellete Side)

8.08.2017; vs In Re: West Bengal Police Recruitment ... on 10 August, 2017

Author: Nishita Mhatre

Bench: Nishita Mhatre

                                             1

   10.08.17
   Item No. 03
   Court No.01
    Krishnendu
                 W.P.S.T. No. 216 of 2016
In re: An application for recalling of the order, being CAN No.7573 of 2017, filed on
08.08.2017;
                 And
In re: West Bengal Police Recruitment Board
       & Ors.

Mr. Joytosh Majumdar, ld. G.P.
Mr. Pinaki Dhole
Mr. Rajat Dutta
                     For the Applicants

Mr. Tapas Kumar Sinha
                         For the Petitioner in WPST
                         216 of 2016


      The application has been filed for recalling of our order dated 3rd August, 2017 to

the extent that we had directed payment of costs of `20,000/- to the petitioner by the

respondents/State in view of the absence of the advocates to appear and argue on

behalf of the State.

We have heard the learned advocates for the parties and have perused the application. The contents of the application are disputed by the learned advocate for the petitioner.

We are not convinced by the reasons mentioned therein. Even assuming the learned Advocate General was not available, there ought to have been some other advocate available to argue the matter when the State has engaged a battery of lawyers. It is rather unfortunate that not a single one of them could argue the matter on 3rd August, 2017 when the same was taken up for hearing.

In view thereof, we do not find any reason to vacate the order passed on 3rd August, 2017. The application, being C.A.N. No.7573 of 2017 is, accordingly, dismissed. 2

However, the time to pay costs to the petitioner by the respondents is extended by next Thursday, the 17th August, 2017.

Photostat plain copy of this order along with photostat plain copy of the order passed by this Court on 3rd August, 2017, duly counter-signed by the Assistant Registrar (Court), be given to the learned advocate for the State/applicants on his usual undertaking.

(Nishita Mhatre,A.C.J.) (Tapabrata Chakraborty, J.)