Manjuri Sarkar v. The Chief Engineer Wbsedcb & ORS

19.03.2024 Ct. No. 15 adeb W.P.A. 29256 of 2015 IA No. CAN 1/2016 ( Old No. CAN 2599/2016) Smt. Manjuri Sarkar Vs.

The Chief Engineer, West Bengal State Electricity Board, Bidyut Bhawan & Ors.

Ms. Mitali Bhattacharya ...for the WBSEDCL At the time of call no one appears for the applicants in the substitution application being IA No. CAN 1 of 2016 (Old No. CAN 2599 of 2016). However, respondents are represented by learned advocate.

The report of the Assistant Registrar VIII dated 18th March, 2024 is perused. From the report dated 18th March, 2024 it appears that out of five applicants excepting Smt. Subhra Mondal all were served by the department on issuing administrative notice in terms of the order dated 27th February, 2024. Previously Court found that no one was representing the applicants therefore directed the department to serve notice upon the advocate on record of the petitioner. Report filed by the Assistant Registrar-VIII dated 23rd February, 2024 revealed that the advocate on record of the petitioner died three years before as a result whereof direction was given again upon the department to effect service of administrative notice upon the applicants in the substitution application since original petitioner also died. Today, in spite of service of administrative notice upon four applicants out of five, applicants are not represented.

It appears that applicants have lost faith in the fate of the substitution application.

Accordingly, substitution application stands dismissed. In view of dismissal of substitution application the writ proceeding stands abated and the same is also dismissed. 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.)