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Calcutta High CourtCO/2472/2005allowed

Chandan Dey And ORS v. State Of W.B.

2025-01-17Hon'Ble Justice Biswajit Basu2 pages

47 & 48 sandip Ct. 655 09.09.2024 C.O. 2472 of 2005 With IA No : CAN 2 of 2009 (Old No: CAN 9022 of 2009) CAN 3 of 2016 (Old No: 11433 of 2016) CAN 4 of 2021 CAN 5 of 2021 CAN 8 of 2023 CAN 9 of 2023 CAN 10 of 2024 CAN 11 of 2024 CAN 14 of 2024 CAN 15 of 2024 Tapan Dey & Ors.

Vs.

The State of West Bengal & Ors.

With MAT 520 of 2005 Tapan Dey & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Mukteswar Maity, Ms. Nupur Chaudhuri ... For the O.P. No. 5. Ms. Priyanka Jana ... For the State.

1. Petitioners are not represented.

2. Learned counsel for the opposite party no. 5 is present.

3. State is also represented.

4. It appears that the instant revisional application is preferred at the behest of the petitioners challenging the impugned order passed by the Wakf Tribunal.

5. During the pendency of the revisional application some of the parties to the case were expired. An application was taken out on behalf of the petitioners with a prayer for substitution of the heirs and legal representatives of those deceased persons.

6. It further appears from the earlier order dated 23.08.2024 that direction was given upon the petitioners to take appropriate

steps for setting aside the abatement in the case of death of those deceased persons. But till date no application has been filed.

7. It further appears that the present case is pending since 2005 and several applications were filed at the behest of the petitioners and due to absence of the learned counsel appearing for the petitioners the case is pending and could not be ended in logical conclusion.

8. The opposite party/respondent no. 5 is hereby directed to serve notice upon the learned counsel who appeared on behalf of the petitioners with intimation that the matter will appear in the list on 26.09.2024 under the same heading.

(Prasenjit Biswas, J.)