15.01.2026 Item No.09 Court No.11 Avijit Mitra FMA 1340 of 2025 with IA No.CAN 1 of 2025 Pushpendu Naskar - Versus -

S.D. Controller (F&S) Canning & ors.

Mr. Manoranjan Jana .…for the appellant Mr. Suman Sengupta, Sr. Govt. Adv., Mr. Nirmalya Biswas, Mr. Sanatan Panja ….for the State Affidavit-of-service, as filed, be kept on record.

The present appeal has been preferred challenging an order dated 21^st April, 2025 passed in an application for restoration filed along with an application for condonation of delay in connection with a writ petition being WPA 22637 of 2007. The said writ petition was preferred challenging, inter alia, a licence transferred in the name of the private respondent no.5.

Records reveal that the said writ petition was filed in the month of October, 2007 and the same was dismissed for default on 16^th August, 2021. Subsequent thereto, the writ petitioner/appellant herein preferred a fresh writ petition being WPA 24190 of 2024 and the same was disposed of by an order dated 6^th November, 2024 observing, inter alia, that the appellant ought to have approached the appropriate bench to recall the order of dismissal in the earlier writ petition. The said order was not ch