Ansari Khatun And ORS v. The Kolkata Municipal Corporation & ORS

26.02.2024 Ct. No. 15 adeb W.P.A. 23069 of 2019 IA No. CAN 1/2022 IA No. CAN 2/2022 Sk. Abu Sufian & Ors.

Vs.

Kolkata Municipal Corporation & Ors.

Md. Harun All Rashid ..for the petitioner Mr. Rajarshi Basu Mr. K.M. Hossain ...for the State Mr. Swapan Kumar Debnath ...for the KMC Affidavit-of-service and notice effected upon the Kolkata Municipal Corporation is taken on record. State respondents and the Kolkata Municipal Corporation are represented by learned advocates. Two applications one being CAN 1 of 2022 seeking substitution in view of death of the sole petitioner and another being CAN 2 of 2022 seeking condonation of delay in presenting the substitution application are taken up for consideration.

Both the applications are taken up together and having been satisfied with the explanation offered in the applications the application for substitution is allowed upon condoning the delay in presenting the substitution application since applicants are major and sui juris. The learned advocate for the applicants is granted leave to amend the cause title of the writ petition thereby

substitute the applicants in place and stead of the sole petitioner in course of this day.

Application being CAN 1 of 2022 and another being CAN 2 of 2022 are allowed and disposed of.

In Re:- WPA 23069 of 2019 After disposing of the aforesaid applications the learned advocate representing the petitioners submits that they do not want to proceed with the writ petition. Accordingly, the writ petition is 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.)