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Calcutta High CourtFMA/358/2019disposed

Smt Mamta Banerjee & ANR v. Eastern Coalfields Ltd & ORS

2025-05-20Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Reetobroto Kumar Mitra3 pages

20.08.2025 Ct. No. 11 rrc FMA 358 of 2019 with IA No. CAN 3 of 2025 (Smt. Mamata Banerjee & Anr. Vs. Eastern Coalfields Limited & Ors.) Mr. Nilanjan Bhattacharjee, Sr. Adv.

Mr. Ravi Ranjan Kumar .... For the appellants Ms. Akanksha Mukherjee Mr. Pradipta Basu Mr. Abhishek Shaw ...... For the respondent nos. 1 to 6 The present application being IA No. CAN 3 of 2025 has been preferred praying for deletion of the name of the appellant no.

1, namely, Smt.

Mamata Banerjee (hereinafter referred to as Mamata) from the cause title of the memorandum of appeal and from the cause title of the judgment dated 20th May, 2025 and for rectification of the quantum of land as stated in paragraph 27 of the judgment dated 20th May, 2025.

Mr. Bhattacharjee, learned senior advocate appearing for the appellant no. 2, namely, Joy Banerjee (hereinafter referred to as Joy) submits that Mamata expired on 28th November, 2019, leaving behind Joy, as her sole legal heir.

He further submits that from an interim order dated 3rd September, 2019 passed in the present appeal, a Special Leave Petition (in short, SLP) was preferred by the Eastern Coalfields Limited and others being, Special

Leave to Appeal (C) No(s). 26637/2019 and Mamata expired during pendency of the said SLP. Such fact was brought to the notice of the Hon'ble Supreme Court and by an order dated 1st December, 2020, the name of Mamata was deleted from the array of the parties. Thereafter, the SLP was finally disposed of by an order dated 28th November, 2023. Inadvertently, during final hearing of the present appeal, such fact was not brought to the notice of this Court.

He further submits that due to a typographical error in paragraph 27 of the judgment dated 20th May, 2025, the quantum of land has also been erroneously recorded as '.22 decimal' in place and stead of '.221⁄2 decimal'. Such prayer for deletion of the name of Mamata from the cause title of the memorandum of appeal and the cause title of the judgment dated 20th May, 2025 and for rectification of the quantum of land as stated in paragraph 27 of the judgment dated 20th May, 2025, has not been seriously opposed by Ms. Mukherjee, learned advocate appearing for the Eastern Coalfields Limited and others.

The name of Mamata was deleted from the array of the parties in the SLP by an order dated 1st December, 2020. Joy is the sole legal heir of Mamata and he is already on record.

In view thereof, we direct deletion of the name of Mamata from the array of the parties in the cause title of

the memorandum of appeal and for incorporation of the name of 'SRI. JOY BANERJEE' in place and stead of 'SMT. MAMATA BANERJEE AND ANR.' in the cause title of the judgment dated 20th May, 2025.

In paragraph 27 of the judgment dated 20th May, 2025, the quantum of land shall be incorporated as '.221⁄2 decimal' in place and stead of '.22 decimal'. Office is directed to effect necessary correction. The application being, CAN 3 of 2025 is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Reetobroto Kumar Mitra, J.) (Tapabrata Chakraborty, J.)