JUDGMENT :

Shekhar B. Saraf, J.

1. The petitioners in the instant writ petition being Shri Suvendu Kumar Goswami, Shri Shyamal Goswami, Shri Ardhendu Kumar Goswami have filed this petition under Article 226 of the Constitution of India challenging the inaction on part of the respondents in releasing the lapsed deposit amount of Rs 66,000/-as per the order No.52 dated March 4, 2008 passed by Learned Civil Judge, Junior Division, Garhbeta in Pre-emption case No.4 of 2004.

2. The petitioners pray that the said petition appeared before this Hon’ble Court under the heading ‘Motion’ when the counsel of the Petitioner could not attend the Court and hence the petition was dismissed for default by this Hon’ble Court. Subsequently, CAN No. 1301/2017 was filed by the petitioner for restoration and recalling the order of dismissal dated January 10, 2017. On April 17, 2019, CAN No. 1301/2017 was allowed and causes shown by the petitioner for restoration were accepted as sufficient by Hon'ble Justice Debangsu Basak. As a result, the order of dismissal dated January 10, 2017 was recalled and WP No. 14312(W) of 2012 was restored to its original file and number.

FACTS

3. I have enumerated the facts of t