Calcutta High Court upholds its inherent power to condone delay and restore a writ petition dismissed for default, offering persuasive authority for procedural reinstatement in public law litigation.
Summary
| Category | Data |
|---|---|
| Case Name | WPA/16539/2021 of SANKAR KUMAR NAIYA Vs STATE OF WEST BENGAL AND ORS. |
| CNR | WBCHCA0312492021 |
| Decision Date | 19-05-2025 |
| Disposal Nature | RESTORED |
| Judgment Author | HON’BLE JUSTICE SHAMPA DUTT (PAUL) |
| Court | Calcutta High Court |
| Bench | Single Judge Bench |
| Type of Law | Writ Petition Procedure (Article 226) |
What’s New / What Lawyers Should Note
- The court exercised its inherent jurisdiction under Article 226 to condone a long delay in filing a restoration application in the interest of justice.
- An order dismissing a writ petition for default can be recalled and the petition restored to its original number and file.
- Restoration is subject to fresh service on all respondents (except those already served) and requires an affidavit of service before the next hearing.
Summary of Legal Reasoning
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Condonation of Delay
The court examined the grounds in the application for condoning the long delay in filing CAN 2 of 2022 and allowed it in the interest of justice.
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Recall of Dismissal Order
Invoking its inherent power under Article 226 of the Constitution, the court recalled the order dated 07.06.2022 which dismissed the writ petition for default.
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Restoration and Directions
The writ petition (WPA 16539/2021) was restored to its original file and number. The petitioner was directed to effect fresh service on all respondents (except the Howrah Municipal Corporation) and file an affidavit of service before the next listing.
Factual Background
In WPA 16539/2021, the petitioner’s writ petition was dismissed for default on 07.06.2022. The petitioner filed two connected applications: CAN 2 of 2022 for condonation of delay and CAN 1 of 2022 for restoration. On 19.05.2025, the High Court allowed the condonation application and recalled the dismissal order, restoring the writ petition for hearing.
Statutory Analysis
- The judgment rests on the High Court’s inherent powers under Article 226 of the Constitution to ensure justice by condoning delay and recalling interlocutory orders.
- The decision demonstrates the procedural scope for restoring writ petitions dismissed for default, subject to compliance with service rules and filing requirements.