Ananda Biswas v. State Of West Bengal & ORS

17.03.2022 SL No. 165 & 167 Court No. 24 (P.M) WPA 15699 of 2007 With IA NO: CAN/1/2015(Old No: CAN/9379/2015) + CAN/2/2015(Old No: CAN/9380/2015) + CAN/3/2021 + CAN/4/2021 + CAN/5/2021 Ananda Biswas Vs The State of West Bengal & Ors.

With WPA 30920 of 2008 With IA NO: CAN/1/2021 + CAN/3/2021 + CAN/4/2021 Ananda Biswas Vs The State of West Bengal & Ors.

Mr. Atish Kumar Biswas ... for the petitioner.

Mr. Susovan Sengupta, Mr. Subir Pal ... for the State The original writ petitioner Ananda Biswas expired during the pendency of the writ petition. He filed the writ petition challenging the order of the Sub-Divisional Controller (Food & Supplies) dated 5th June, 2007 by which a decision was taken for

grant of licence in favour of the private respondent Sri Binay Biswas. The private respondent Sri Binay Biswas is operating the M.R. Dealership since 2007. The writ petitioner expired during the pendency of the writ petition. Application has been filed by his son praying for substitution.

In the facts and circumstances of the present case, I am of the opinion that after the death of the father of the petitioner the right to sue does not pass on to the son.

In the event the applicant herein being the son of the deceased Ananda Biswas the suspended licensee is aggrieved by the action of the respondent authority, then he may apply independently before the respondent authority highlighting his grievances. The prayer for substitution in the present writ petition cannot be allowed.

The writ petitions stand dismissed.

The application for substitution and the connected applications stand dismissed.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

(Amrita Sinha, J.)