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Calcutta High CourtWPA/19202/2010dismissed for non prosecution

Dilip Goenka And ANR v. State And ORS

2021-12-15Hon'Ble Justice Saugata Bhattacharyya2 pages

15th December, 2021 WPA 19202 of 2010 CAN 1/2020 ( Old CAN 10523/2010) (Through Video Conference)

(1) Sri Dilip Goenka & Anr. (BD) -vs- The State of West Bengal & Ors.

Mr. Biswajit Chatterjee ... for the Petitioners.

Mr. Satyajit Talukdar ... for the KMDA The matter has appeared in the list today under the heading "To be mentioned" at the instance of the learned advocate representing the writ petitioners. Mr. Biswajit Chatterjee, learned advocate, who appears on behalf of the writ petitioners has submitted that there are two writ petitioners who filed the present writ petition out of whom the writ petitioner No. 1, has died on 20th May, 2019 and he has received a letter from the writ petitioner No. 2, dated 2nd December, 2021 whereby the said writ petitioner has instructed the learned advocate not to proceed with the matter. The letter dated 2nd December, 2021 and the Death Certificate are taken on record.

Kolkata Metropolitan Development Authorities is represented by Mr. Satyajit Talukdar, learned advocate. Considering the submission made on behalf of the writ petitioner no. 2, the writ petition stands dismissed on the ground of non-prosecution. Interim order, if any, stands vacated.

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

(Saugata Bhattacharyya, J.)