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Calcutta High CourtWPA/16599/2019dismissed

Asit Kumr Laha v. Union Of India & ORS

2024-10-01The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Bivas Pattanayak2 pages

01.10.2024 Item No.09 PG/KS Ct. No.1 W.P.A. 16599 of 2019 With I.A. No. CAN 1 of 2023 Asit Kumar Laha vs.

Union of India & Anr.

Mr. Asis Kumar Laha..........for the applicant in I.A. No. CAN 1 of 2023 Mr. Jishnu Chowdhury Ms. Shreya Basu Mallick........for the respondent No. 2 Re: I.A. No. CAN 1 of 2023

1. This application has been filed to substitute the writ petitioner stating that the present applicant in I.A. No. CAN 1 of 2023 is his brother.

2. Admittedly, the applicant in I.A. No. CAN 1 of 2023 has filed a separate writ petition and prayed for certain reliefs for repairing of the building, which was alleged to have been damaged on account of the tunnel boring for the Metro railway.

3. The learned advocate for the applicant submits that in the said writ petition, certain directions have been issued.

4. In our view, the applicant cannot substitute himself in this public interest litigation on the given facts and circumstances. Accordingly, I.A. No. CAN 1 of 2023 is

dismissed. Consequently, the writ petition stands dismissed as abated.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (BIVAS PATTANAYAK, J.)