Court No. 24 10.02.2022 (Item No. 235) (AB) W.P.A. 10029 of 2010 With CAN 3 of 2020 With CAN 4 of 2020 (via video conference) Tushar Kanti Dutta & Ors. VS The State of West Bengal & Ors. Mr. Pratip Mukherjee …….. for the petitioners Mr. B. P. Vaisya Mr. Gourav Das …… for respondent Nos. 4 and 5 Mr. Jahar Lal De Ms. Debarati Sen (Bose) …….. for the State CAN 3 of 2020 is an application praying for restoration of the order dated 6th February, 2020. It appears that the application is an incomplete one. There are blanks in the application which are not filled up. The writ petition was originally dismissed by the Court on 4th August, 2010. The petitioners, instead of taking steps for restoration of the writ petition, filed a fresh writ petition being W.P. 10142 (W) of 2011, which stood dismissed by an order dated 29th August, 2013. An appeal was carried out from the said order of dismissal and by a judgment dated 12th May, 2017 passed in MAT 1507 of 2013 the Hon’ble Division Bench dismissed the said appeal. The Hon’ble Division Bench, however, was pleased to grant liberty to the appellants to seek recall of 2 the order of dismissal dated 4th August, 2010, in accordance with law. The application for restoration filed by the petitioners pursuant to the leave granted by the Hon’ble Division Bench was also dismissed for default on 6th February, 2020. Thereafter the present application for restoration was filed by the petitioners in December, 2020 along with an application praying for condonation of delay in filing the application for restoration. I have perused the averments made in both the applications and am not at all satisfied with the grounds mentioned therein. It appears that the petitioners are not at all interested to proceed with the writ petition in the right earnest. Reference has been made in respect of the advocate who appeared in the writ petition. It does not appear that the petitioners acted in accordance with the advice given by the learned advocate. They proceeded in the matter with a very casual and lackadaisical approach. The conduct of the petitioners cannot be supported by the Court. Restoration of restoration applications is not maintainable in law. The application for restoration being CAN 3 of 2020 stands dismissed. As a consequence, application praying for condonation of the delay in filing the application for recall being CAN 4 of 2020 also stands dismissed. 3 Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities. (Amrita Sinha, J.)