DISTRICT : South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
CAN
no. 1 of 2022
Arising
out of W.P.A. No. 11926 of 2021;
In
the matter of:
An
application for restoration of WPA no. 11926 of 2021, in its original file
after recalling the order dated 09/09/2022, passed by the Hon’ble Justice
Amrita Sinha;
And
In
the matter of:
Sri
Ashit Das, Son of Sri Pramod Chandra Das, residing at WIB ( M ) 6/4 Phase – II,
Police Station – Golf Green, Post Office – Golf Green, Kolkata – 700095.
______Petitioner
-Versus-
1)
The State of West Bengal, Service
through the Secretary, Department of Urban Development & Municipal Affair,
having it’s office at Nagarayan Bhavan, Block DF 8, Sector I, Salt Lake City,
Second Avenue, Bidhan Nagar, Kolkata – 700064.
2)
The Commissioner, Kolkata Municipal
Corporation, having its office at 5, S.N. Banerjee Road, Kolkata – 700013.
3)
The Mayor in Council, Building
Department, Kolkata Municipal Corporation, having its office at 5, S.N.
Banerjee Road, Kolkata – 700013.
4)
The Councilor, Ward no. 95, Kolkata
Municipal Corporation, having his office at FL-6, W2C, BL-8, Golf Green,
Phase-II, Kolkata- 700095.
5)
The Executive Engineer, Building
Department, Kolkata Municipal Corporation, having its office at 5, S.N.
Banerjee Road, Kolkata – 700013.
6)
The Chairman, W.B. Housing Board,
having its office at “ABASAN”, 105, S.N. Banerjee Road, Kolkata - 700014.
7)
The Competent Authority, under the
West Bengal Apartment Ownership Act 1972, Government of West Bengal, Department
of Housing, having its office at New Secretariat Building, 1, Kiran Sankar Roy
Road, Kolkata – 700001.
8)
The Officer in Charge, Golf Green
Police Station, having its office at 58/107, Prince Anwar
Shah Rd, Rajendra Prasad Colony, Tollygunge, Kolkata – 700045.
____Respondents
9)
Golf Green ( Phase – II ) Apartment Owners’ Association,
having its office at Administrative Building, Phase – II, Golf Green, Kolkata –
700095.
10)
The President, Golf Green ( Phase – II ) Apartment Owners’
Association, having its office at Administrative Building, Phase – II, Golf
Green, Kolkata – 700095.
11)
The Secretary, Golf Green ( Phase –
II ) Apartment Owners’ Association, having its office at Administrative
Building, Phase – II, Golf Green, Kolkata – 700095.
______Private
Respondents
To
The
Hon’ble Prakash Shrivastava, Chief Justice and His Companion Justices of the
said Hon’ble Court.
The humble petition of the petitioners
above named most respectfully;
SHEWETH:
1.
That the petitioner has filed the above
referred Writ petition being WPA no. 11926 of 2021, before this Hon’ble Court,
against the illegal construction made by the private respondents.
2.
That on 09/09/2022, the said writ
petition was taken up for hearing by the Hon’ble Justice Amrita Sinha, when
non-appeared for the petitioner. Consequently, the Hon’ble Court was pleased to
dismiss the said writ petition for default.
Photostat
copy of the said order dated 09/09/2022 obtained from the official website of
this Hon’ble Court is annexed herewith and marked as Annexure “X”.
3.
That the Learned Advocate for the
petitioner on 09/09/2022 had come to the Court. But after getting the news of
his wife’s illness, he had to leave the court without requesting any of his
colleagues for taking necessary steps. As such the petitioner was unrepresented
when the matter was called for hearing. Consequently the Hon’ble Court was
pleased to dismissed, the matter for default. Such absence of the Learned
Advocate was not intentional.
4.
That the Learned Advocate had to attend
his ailing wife for which he was absent. In the circumstance, the Hon’ble Court
may kindly, recall the order dated 09/09/2022, and may restore WPA no. 11926 of
2021, in its original file.
5.
That this application is made bonafide
and for the end of justice.
It is therefore prayed that your
Lordship may graciously be pleased to pass the following order / orders :
a)
To recall the order dated 09/09/2022,
passed in WPA no. 11926 of 2021, and to restore the case in its original file;
b)
Such other or further order/ orders as
the Hon’ble Court may deem, fit and proper.
And the petitioner as in duty bound shall ever
pray.
AFFIDAVIT
I, Sri Ashit Das, Son
of Sri Pramod Chandra Das, aged about 48 years, by faith Hindu, by Occupation Service
residing at WIB ( M ) 6/4 Phase – II, Police Station – Golf Green, Post Office
– Golf Green, Kolkata – 700095, District South 24 Parganas, do
hereby solemnly affirm and say as follows:
1. That I am the petitioner of this
application and I am well acquainted with the facts and circumstances of the
case.
2. That the statements
made in paragraph No. 1, & 3, are true to my knowledge and those made in
paragraphs 2 are true to my information
derived from the records of the case and rest paragraphs are my respectful
submission before this Hon’ble Court.
Prepared in my office The deponent is
known to me
Advocate Clerk to: Mr. Advocate
Solemnly affirmed before me
on this the day of September, 2022.
I certify that all annexures
are legible.
Advocate.
COMMISSIONER
DISTRICT : South 24 Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
CAN no. 1 of 2022
Arising out of W.P.A. No. 11926 of
2021;
In
the matter of:
An
application for restoration of WPA no. 11926 of 2021, in its original file
after recalling the order dated 09/09/2022, passed by the Hon’ble Justice
Amrita Sinha;
And
In
the matter of:
Sri
Ashit Das ………..Petitioner
-Versus-
The
State of West Bengal & Ors.
……Respondents
RESTORATION APPLICATION
MR.
ASHOK KUMAR SINGH
Advocate
Bar
Association, Room No.15,
High
Court, Calcutta.
(M)
9883070666.
Email
: aksinghadvocate@rediffmail.com
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