18.02.2026 Item No.3 PG/

Ct. No.236 WPA 2847 of 2023 With I.A. No. CAN 4 of 2026 With I.A. No. CAN 5 of 2026 Jivan Krishna Ghosh & Ors.

Versus The State of West Bengal & Ors.

Mr. Tanmoy Khan……..for the petitioners Mr. Dhananjoy Banerjee Mr. Pralay Hazra………for the applicants in I.A. No. CAN 5 of 2026 Mr. Tapan Kr. Mukherjee, Ld. AGP Ms. Tuli Sinha…………..for the State Mr. Kishore Datta, Ld. Adv. General Mr. Satyajit Talukdar Mr. Arindam Chatterjee……..for the KMDA In Re: I.A. No. CAN 4 of 2026 PER, PARTHA SARATHI SEN, J.:

1. This is an application for substitution of legal heirs on account of death of writ petitioner no. 1, Jivan Krishna Ghosh @ Jivan Ghosh (died on 25.03.2018), petitioner no. 2 (a), namely Shyam Ghosh @ Shyamapada Ghosh (died on 15.03.2024) and petitioner no. 4, Ashok Ghosh (died on 26.05.2012).

2. It further appears that the names of the legal heirs of the aforementioned three writ petitioners have been mentioned in paragraph nos. 3, 4, and 5 and their details have also been given in paragraph nos. 14 to 17 of the instant I.A. No. CAN 4 of 2026.

3. It is submitted that an appropriate order may be passed in terms of the prayer, as made in the instant CAN application.

4. Such prayer is, however, opposed on behalf of the respondent/State as well as the respondent/KMDA authority. Learned advocates for the State and the KMDA authority submits that in absence of any application for setting aside the abatement and condonation of delay, the present application for substitution ought not to be allowed.

5. On careful perusal of the entire materials, as placed before this Court and after hearing the learned advocates for the contending parties, this Court finds sufficient justification in the submission of the leaned advocate for the State as well as learned advocate for the KMDA authority inasmuch as the instant substitution application has been filed beyond the period of limitation.

6. However, keeping in mind that such substitution application has been filed in a writ petition, which is highly prerogative in nature, this Court, in exercise of its judicial discretion, condone the delay as well as set aside the abatement and at the same time allows the prayer for substitution.

7. Accordingly, the department is directed to delete the names of the deceased petitioner nos. 1, 2(a) and 4 from the cause title of the instant writ petition and in their places, the names and details of the legal heirs of the deceased petitioner nos. 1, 2(a) and 4 be incorporated by making necessary insertion in an appropriate manner.

8. The writ petitioners are directed to file an amended cause title of the instant writ petition positively on the adjourned date, after serving advance copies of the same to the learned advocates for the contesting respondents.

9. With the aforementioned observations, I.A. No. CAN 4 of

2026 is disposed of.

In Re: I.A. No. CAN 5 of 2026

10. This is an application for addition of party of the applicants, particulars of whom have been mentioned in page 6 of the instant application.

11. It is submitted on behalf of the applicants their mother Kanak Lata Ghosh is the petitioner no.2, who along with the other writ petitioners prayed for relief as described in the prayer portion of the writ petition.

12. It is further submitted that since the writ petitioner no. 2, Kanak Lata Ghosh being the mother of the present applicants is claiming her interest through his husband Nisi Kant Ghosh, who was the father of the present applicants, the present applicants may be added as parties/respondents in the original writ petition in view of the fact that after the death of late Nisi Kant Ghosh, his estate devolved upon the present applicants as well.

13. Learned advocate for the writ petitioners raises no objection. Such prayer is, however, opposed by the learned advocate for the State as well as the learned advocate for the KMDA.

14. On careful perusal of the entire materials, as placed before this Court and after hearing the learned advocates for the