AVIK CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CAN 2 of 2024 is an application, filed by the State, to seek recall of this Court's orders dated March 28, 2024 and April 5, 2024, in the writ petition No. WPA 12648 of 2018 [Avik Chatterjee vs The State of West Bengal].

(2.) Grounds of recall as made out therein are as follows:

(3.) The writ petitioner has objected to the prayer of recall as above. A preliminary point of maintainability of the recalling application as above has been put forth. It is submitted that change of conducting advocate cannot be considered as a just ground to recall the order passed earlier. It is further submitted that the grounds pleaded touch the merits of the case, which is not to be considered again after final disposal of the writ petition; at best a fresh cause of action can be said to have arisen and nothing more. Also, that at the time of hearing of the writ petition the applicant/State has been granted ample opportunity and the Court has considered submissions of both the parties before coming to a conclusion vide the orders dated March 28, 2024 and April 5, 2024. Therefore, there would not be any scope in the guise of this recalling application, for reappreciation of the case on merits. In support, the writ petitioner has relied on the following judgments: (i) Tamil Nadu Electric Board and Another vs N.Raju Reddiar and Another [(1997) 9 SCC 736]; (ii) State of Uttar Pradesh vs Brahm Datt Sharma and Another [(1987) 2 SCC 179]; and (iii) Asit Kumar Kar vs State of West Bengal and Others [(2009) 2 SCC 703].