05.03.2025 Court No.13 Item No. 14 sp WPA 22782 of 2023 With CAN 1 of 2025 With CAN 2 of 2025 Sibdas Banerjee Versus The State of West Bengal & Ors. Mr. Sakti Pada Jana …for the opposite party/writ petitioner. Mr. Arindam Chattopadhyay, Mr. Soumik Dey ..for the applicant/State. Re: CAN 1 of 2025 1. Affidavit of service filed in Court today is taken on record. 2. CAN 1 of 2025 has been filed seeking condonation of delay in filing the appeal. 3. Sufficient grounds have been made out in the instant application explaining such delay. Hence, the delay is condoned. 4. Accordingly, CAN 1 of 2025 is allowed and disposed of. Re: CAN 2 of 2025 5. CAN 2 of 2025 has been filed seeking recall of this Court’s order dated 13th December, 2023. 6. It is submitted that as on the date of affirming of the writ petition, i.e., 13th September, 2023, the writ petitioner had died on 18th June, 2023. The writ petition could not have been affirmed. The question of passing any order, therefore, does not and cannot arise. 7. This Court is of the view that a fraud has been perpetrated on Court. This Court would have sent the matter for an appropriate enquiry. However, since the petitioner only insists on recall of the order dated 13th December, 2023 and prays for dismissal of the writ petition, the order dated 13th December, 2023 shall stand recalled. 8. Accordingly, CAN 2 of 2025 is allowed and disposed of. In re: WPA 22782 of 2023 9. In view of the above, WPA 22782 of 2023 shall stand dismissed as not pressed. 10. Interim orders, if any, shall stand vacated. 11. There shall be no order as to costs. 12. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) 2 3