Ratnabati Dash And Others vs Union Of India And Others

The present appeal is directed against an order dated 26th November, 2021 passed by the learned Single Judge dismissing CMAPL No.274 of 2020 and I.A. No.118 of 2021 whereby on account of delay of 697 days in filing the restoration application, the restoration application was itself dismissed.

The W.P.(C) No.3606 of 2004 filed by the original Petitioner (whose legal representatives are the present Appellants) was dismissed for non prosecution on 3rd January, 2019. In seeking recall of the said order the present Appellants filed CMAPL No.274 of 2020 along with I.A. No.118 of 2021 for condonation of delay of 697 days in filing the CMAPL.

In the said I.A. it was submitted that the original Petitioner was suffering from certain mental health issues and wanted to change his counsel, but was unable to do so prior to his death on account of his illness on 27th September, 2020. His LRs then inquired about the matter and came to know of the dismissal of the writ petition, which was not within their knowledge earlier.

It was explained that the LRs were in a dire condition and, therefore, pursuing the writ petition is important for them.

The Court having heard learned counsel for the parties and considering that the original writ petition itself was questioning the termination of the services of the Petitioner and with the pleadings having been completed, it was necessary to hear the writ petition on merits. The outcome of the writ petition would matter to the LRs of the original Petitioner, who are in a dire financial condition.

In view of the above facts, the impugned order dated 26th November, 2021 is hereby set aside and I.A. No.118 of 2021 is allowed by condoning the delay in filing CMAPL No. 274 of 2020, which also stands allowed. As a result, the order dated 3rd January, 2019 passed by the learned Single Judge dismissing W.P.(C) No. 3606 of 2004 stands recalled and the said writ petition is now restored to file and directed to be listed before the roster Bench of the learned Single Judge on 6th July, 2023.

The learned counsel for the present Appellants as well as learned counsel appearing for the contesting Respondents will appear before the learned Single Judge on that date and not seek any further adjournments. Considering that the pleadings in the writ petition already complete, the learned Single Judge is requested to proceed with the hearing of the writ petition on merits and dispose it of as expeditiously as possible.

The writ appeal is disposed of in the above terms.

……………………….