Bholanath Das v. The Kmc & ORS

CT. No. 15 15.04.2024 adeb W.P.A. 7184 of 2018 Mr. Bholanath Das Vs.

The Kolkata Municipal Corporation & Ors.

Mr. Subir Banerjee ....for the petitioner Mr. Biswajit Mukherjee Mr. Gopal Ch. Das ...for the KMC Mr. Suddhasatva Banerjee Ms. Rituparna Chatterjee Ms. Khushboo Choudhury ...for the respondent nos. 4 to 12 The matter is heard in presence of the learned advocates representing the petitioner, Kolkata Municipal Corporation and Mr. Suddhasatva Banerjee, learned advocate is representing respondent nos. 4 to 12 on virtual mode.

Last occasion on behalf of respondent nos. 4 to 12 it was submitted that the sole petitioner is not alive. The learned advocate representing the petitioner based on such submission made on behalf of private respondents prayed for accommodation to obtain necessary instructions. Today, on behalf of the petitioner again accommodation has been prayed for.

In view of submission made on behalf of respondent nos. 4 to 12 by Mr. Banerjee it appears that no further adjournment is required to be granted to the petitioner since from Death Registration Details issued by the

competent authority of Kolkata Municipal Corporation it appears that the sole petitioner namely Bholanath Das died on 10th October, 2020. Subsequently, it is an admitted position that no steps have been taken for substitution. Therefore, the proceeding has been abated.

Accordingly, the writ petition stands dismissed. There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)