Banani Mistri & Ors vs The State Of West Bengal And Ors
2023 Latest Caselaw 5499 Cal

23.08.2023

Suman Ct.No.42.

WPA 3178 of 2016

Banani Mistri & Ors.

Vs.

The State of West Bengal and Ors.

Mr. Amit Kumar Pan Mr. Ram Chandra Guchhait ..for the petitioners

Mr. Satyajit Talukdar Ms. Piu Karmakar ..for the KMDA

Mr. Lalit Mohan Mahata Mr. Ziaul Haque .for the State

Learned advocate for the petitioners has

pointed out an order dated 16 th February, 2023 to

state that the petitioner No.1 had passed away on 5 th

July, 2022. No substitution was required to be made

as the petitioner was issueless. The legal heirs of the

petitioners are already on record. However, in the

cause title of the instant writ petition the name of the

deceased petitioner namely Banani Mistri has been

recorded along with others.

It is pointed out that the office was directed to

delete the name of the original petitioner No.1 and

make necessary amendment in the cause title of the

writ petition. However, the office failed to make

necessary correction in the cause title of the writ

petition.

In view of such circumstances, the judgment

was delivered in the name of Banani Mistri and Ors.

Since Banani Mistri, petitioner No.1 died during the

pendency of the writ petition, the cause title of the

judgment be modified in the following manner.

"Banani Mistri (dead) represented by L.R.s and

others versus the State of West Bengal and Ors."

This order be made part of the judgment dated

14th August, 2023.

(Bibek Chaudhuri, J.)