Kalpana Rani Dey v. The Durgapur Projects Limited And ORS

07.06.2022 IN THE HIGH COURT AT CALCUTTA Sl. No.87 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 8211 of 2021 Kalpana Rani Dey Vs.

The Durgapur Projects Limited & Ors.

Mr. Ayan Banerjee, Mr. Soumo Chaudhury ....for the petitioner.

The petitioner, a former employee of Durgapur Projects Limited (in short "DPL") had given a power of attorney to Sajal Kumar Sengupta, by dint of which the said Sajal Kumar Sengupta has filed this writ petition. The writ petition was filed on 22nd March, 2021. However, prior to filing of the writ petition, the petitioner died on 2nd March, 2021.

The writ petition, therefor, cannot survive in the present form as the same is by a dead person and that the power of attorney stood extinguished with the death of the petitioner. The power of attorney holder ought to have been more diligent and cautious. The writ petition is accordingly dismissed.

Dismissal of the writ petition will not prevent the legal heirs of the deceased from claiming the same reliefs, if entitled in law.

(Arindam Mukherjee, J.)