Amarendra Nath Bhowmik & Ors vs State Of West Bengal & Ors
2023 Latest Caselaw 4436 Cal

21.07.2023 Srimanta

IA No.: CAN/1/2022 in WPA/22319/2007

Amarendra Nath Bhowmik & Ors.

-Vs.-

State of West Bengal & Ors.

Mr. Shounak Ghosh, Mr. Sourav Mandal ...for the petitioners.

Affidavit-of-service filed in Court today be kept with the record.

This is an application for restoration of WPA/22319/2007 which was dismissed for default on 26th July, 2021 by a Coordinate Bench.

It is submitted by the petitioner in his petition that during covid pandemic the petitioner could not take step for conducting the above- mentioned writ petition and eventually it was dismissed for default on 26th July, 2021.

It is submitted by the learned Advocate for the petitioner that the period during covid pandemic has been excluded from computing the period of limitation by the Hon'ble Supreme Court in suo motu Writ Petition No. 3/2020. This Court has considered the above-mentioned judgment passed by the Hon'ble Supreme Court. In view of the judgment passed by the Hon'ble Supreme Court this Court holds that the application for restoration of the above- mentioned writ petition is not barred by limitation as the application was filed within time,

the same is allowed. Writ petition No. 22319/2007 is restored to its file. The writ petition be listed in the Combined Monthly List of August, 2023. If on in future date the petitioner fails to take step in the writ petition the matter will be dismissed without reference to this Bench.

(Bibek Chaudhuri, J.)