Judgment:
On going through the application and after hearing Ms. Sanyal, this Court is satisfied that there was sufficient cause for the inability of the petitioner to appear, when this writ application was called on for hearing on 26th March, 2010.
Ms. Sanyal has very fairly drawn my attention to the fact that after dismissal of the writ application, a subsequent writ petition, being W.P. No.457 of 2010, had been filed. After the attention of this Court was drawn to this writ petition, on the same cause of action, this Court dismissed the said writ application, being W.P. No.457 of 2010, on the ground that the said writ application had been filed suppressing the earlier writ petition, that is the instant writ petition, dismissed by the order dated 26th March, 2010, of which recall has been sought.
By an order dated 13th April, 2010, the writ application, being W.P. No.457 of 2010, was dismissed with costs of 300 GMs. The costs have been paid. That writ application was dismissed not on merits, but only on the ground that the earlier writ petition had been suppressed. The petitioner has once been penalized.
As observed above, there was sufficient cause for non-appearance on 26th March, 2010. There is no reason why the ex parte order of dismissal should not be recalled. The order dated 26th March, 2010 is recalled. The application, being G.A. No.2236 of 2010, is disposed of accordingly.
Urgent certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.