M/S Skyline Vanijya Private Limited And ANR v. State Of West Bengal And ORS.

26.09.2022 Court : 04 Item : 72 Matter : WPLRT Status : DISMISSED Transcriber : NANDY WPLRT 98 of 2022 M/s. Skyline Vanijya Private Limited & Anr.

Vs.

The Stat of West Bengal & Ors.

Mr. Arindam Banerjee, Advocate Mr. Saptarshi Dutta, Advocate Mr. Pourush Kanti Pal, Advocate ......for the Petitioner Mr. Soumitra Bandopadhyay, Advocate Mr. Subhasis Bandopadhyay, Advocate ......for the State Mr. Suryaprasad Chattopadhyay, Advocate Mr. Arjun Samanta, Advocate ......for the Respondents Despite having conscious knowledge that some of the respondents are dead, the instant writ-petition is filed impleading them as party to it.

It is no longer res integra that no proceeding can be initiated at the behest of a dead person nor against the dead person. The position would have been different if the person was alive at the time of initiation of the proceeding but unfortunately left the world during the pendency thereof. In such event, the substitution can be made to the heirs and legal representatives of the deceased provided they have the right to sue. The proceeding at the stage of initiation against the dead person is not maintainable. Since the present writ-petition is filed impleading some of the respondents who are already dead and within the knowledge of the writ-petitioner, the instant writpetition is not maintainable. Accordingly, WPLRT 98 of 2022 is dismissed on such technical ground.

(Harish Tandon, J.) (Prasenjit Biswas, J.)