Calcutta High Court (Appellete Side)
Sikha Ghosh vs The Uluberia Muncipality & Ors on 29 January, 2025
29.1.2025
Item No.30
BR
WPA 21460 of 2017
With
IA No. CAN 3 of 2024
Sikha Ghosh
-vs-
The Uluberia Muncipality & ors.
Mr. Kanak Kiran Bandyopadhyay,
Ms. Chandana Ghosh
... for the petitioners
Mr.Rwitendra Banerjee,
Mr. Aritra Roy Chowdhury
.... For the private respondents
Affidavit of service filed by the
petitioner be kept with the record.
Re : CAN 3 of 2024
CAN 3 of 2024 has been preferred
praying for recalling the order dated
10.12.2024 wherein petitioner's applications
for restoration being CAN 1 of 2024 and CAN
2 of 2024 were dismissed for default.
On hearing both parties and in the
interest of justice CAN 3 of 2024 is allowed.
Order dated 10.12.2024 is hereby
recalled. CAN 1 and 2 of 2024 are restored
to its file and number.
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Later
CAN 1 of 2024 and CAN 2 of 2024 is
heard.
Re : CAN 2 of 2024
CAN 2 of 2024 is an application under
Section 5 of the Limitation Act moved by the
learned counsel for the petitioner in
presence of the learned counsel for the
opposite partis.
There is delay of 276 days in filing the
application for restoration.
Considering the grounds as made out
in the application and for the interest of
justice, delay is condoned. The application
being CAN 2 of 2024 is allowed.
CAN 2 of 2024 stands disposed of.
Re : CAN 1 of 2024
CAN 1 of 2024 is moved by the
learned counsel for the petitioner in
presence of the learned counsel for the
opposite parties praying for restoration of
the writ petition which was dismissed for
default on 8.6.2023.
The grounds made out in the
application and for the interest of justice,
the restoration application being CAN 1 of
2024 is allowed. The order of dismissal
dated 8.6.2023 is recalled. The writ
application being WPA 21460 of 2017 is
restored to its original file and number.
CAN 1 of 2024 stands disposed of.
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3
.
Accordingly, CAN 1 of 2024 and CAN 2 of 2024 are disposed of.
Later Learned counsel for the respondents submits that during the pendency of the writ application there has been substantial development before the civil Court and as such those facts have to be brought on record and prays for leave to file the relevant documents on affidavit.
Liberty is granted to the respondents to file an affidavit-in-opposition along with documents relied upon by 14th February, 2025. Reply, if any, be filed by 28 th February, 2025.
The matter to appear in the Combined Monthly List of March, 2025.
( Shampa Dutt (Paul), J. ) 3