R.K.BAG,J. - (1.) The Court : Affidavit of service filed on behalf of respondent no.31 is kept on record. Leave is granted to the applicant/respondent no.11 for amendment of prayer (b) of the application for incorporating correct G.A. Number in course of this day.
(2.) The respondent no.11/applicant has prayed for declaration that W.P. No.4052 of 1988 stands disposed of by order dated September 23, 1988 read with order of the appellate Court dated December 13, 1988 and January 10, 1989 passed in Appeal No.1173 of 1988 and for stay of order dated March 16, 2017 passed in connection with G.A. No.1789 of 2011. Similarly, the respondent no.31/applicant has prayed for recalling order dated March 16, 2017 and March 23, 2017 passed in connection with G.A. No.1789 of 2011. Both the above applications are taken up for hearing, so that by this common order both the applications can be disposed of. Mr. Kar, learned senior counsel appearing on behalf of the applicant/respondent no.11, contends that W.P. No.4052 of 1988 was finally decided on September 23, 1988 though the formal order of disposal of the said writ petition was not recorded in the said order. He, further, submits that the appeal preferred against the said order dated September 23, 1988 being Appeal No.1173 of 1988 was also disposed of by the Division Bench of this Court on December 13, 1988 and the same was modified on January 10, 1989. The contention of Mr. Kar is that the writ petition being W.P. No.4052 of 1988 was listed before Hon'ble Justice Debasish Kar Gupta by mistake and the same was dismissed for default on July 17, 2008. The said order of dismissal for default of the writ petition (W.P. No.4052 of 1988) was recalled by this Court by order dated March 16, 2017. This Court also passed the order on March 16, 2017 for restoration of the writ petition to its original file and number. The specific contention of Mr. Kar is that the order passed by this Court on March 16, 2017 cannot stand in the eye of law as the writ petition was wrongly listed before Hon'ble Justice Debasish Kar Gupta after disposal of the said writ petition on merit on September 23, 1988 and after affirmation of the order of disposal of the said writ petition on merit by the Division Bench of this Court on December 13, 1988 being modified on January 10, 1989. The above submission made by Mr. Kar is adopted by learned counsel representing the respondent no.5 and respondent no.23A.
(3.) Mr. Abhrajit Mitra, learned senior counsel assisted by Mrs. Banerjee, learned counsel for the respondent no.31/applicant submits that order passed by this Court on March 16, 2017 cannot stand as the said order was passed for setting aside order of dismissal for default of the writ petition which was decided on merit long back. He further submits that two previous orders passed by the learned Single Judge of this Court in connection with G.A. No. 1789 of 2011 were not taken into consideration at the time of passing of the order dated March 16, 2017 and as such those orders also need to be set aside.;