GA No.4074 of 2017 APO No.85 of 2016 GA No.977 of 2016 WP No.267 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SRI SUKANTA SARKAR Versus THE WEST BENGAL COLLEGE SERVICE COMMISSION & ORS.
BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA The Hon'ble JUSTICE PROTIK PRAKASH BANERJEE Date: 10th January, 2018 Appearance Mr. Balaram Neogi, Adv.
Mr. P. R. Mondal, Adv. with Ms. Bandana Das, Adv.
Ms. Rima Das, Adv. with Mr. Jisan Iqubal Hossain, Adv.
The Court : The application for restoration is not in form as required under Order XXXVI read with Rule 48 of the Rules of this Court relating to Article 226 of the Constitution of India. It does not comply with Chapter 20 of the Original Side Rules (Calcutta High Court Rules, 1914).
Since the mistake is only in the first page of the application and in view of the fact that the application under Article 226 of the Constitution of India, the application for restoration is allowed subject to necessary amendments to the first page of the application in consonance with Rules and upon payment of cost of 10 GMs each to the appearing parties.
2Amendment is to be carried out within a period of fortnight from date. The department is directed to act on a communication of this order without awaiting formal signature on Judges fiat.
In view of change of the first page of the application which is nominal in nature, the learned advocate appearing on behalf of the applicant is directed to serve the first page of the application on the respondents in the application instead of effecting service of the entire application.
Let the appeal be restored to its original file and number.
The application for restoration being GA No.4074 of 2017 is disposed of.
The matter to appear in the list three weeks hence.
(DIPANKAR DATTA, J.) (PROTIK PRAKASH BANERJEE, J.) akg/
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