17.01.2025 (D/L-290) Ct.-22 (Nandita) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 2472 of 2005 With IA No. CAN 2 of 2009(Old No. CAN 9022 of 2009) CAN 3 of 2016(Old No. CAN 11433 of 2016) CAN 4 of 2021 CAN 5 of 2021 CAN 8 of 2023 CAN 9 of 2023 CAN 10 of 2024 CAN 11 of 2024 CAN 14 of 2024 CAN 15 of 2024 Tapen Dey & Ors. -Vs- State of West Bengal & Ors. Mr. Sandip Das Mr. Diptyendu Kr Pal … For the Petitioners. Mr. Mukteswar Maity, Ms. Nupur Chaudhuri. … For the Opposite Parties. In Re: CAN 3 of 2016 (Old No. CAN 11433 of 2016) CAN 5 of 2021 CAN 9 of 2023 CAN 15 of 2024 These applications for substitution after setting aside abatement have been filed on behalf of the petitioner. Learned Counsel appearing on behalf of the petitioner has submitted that petitioner no. 1 Tapen Dey died on 20th June, 2016 and after statutory period no other option was left to the 2 petitioner but to file an application for setting aside abatement and substitution. Learned counsel appearing on behalf of the opposite party no. 5 raised no objection. The prayer for setting aside abatement stands allowed. From the applications, it appears that after demise of petitioner no. 1 Tapen Dey, his legal heirs, namely, Rakhi Dey, Chandan Dey, Totan Dey, are to be substituted in place of petitioner no. 1. Subsequently Totan Dey died on 20th March, 2020 and Rakhi Dey died on 10th October, 2023. Chandan Dey is now surviving heir. Considering facts and circumstances, all applications being CAN 3 of 2016, CAN 15 of 2024, CAN 5 of 2021 and CAN 9 of 2023 stand allowed. Accordingly, the department is directed to expunge the name of petitioner no. 1 Tapan Dey and only surviving legal heir Chandan Dey be substituted in the cause title in the revisional application in place of petitioner no.1. Thereby, all applications are disposed of. In Re: CAN 2 of 2009, CAN 10 of 2024, CAN 11 of 2024. 3 These applications relate to setting aside abatement and substitution after demise of petitioner no.3 Madan Bairagi. It is submitted on behalf of the petitioner that after death of Madan Bairagi his legal heirs, namely, Anjana Bairagi, Manik Bairagi, Mithun Bairagi and Mira Gayen are to be substituted in place of petitioner no. 2 for setting aside abatement and the application to that effect was filed beyond the statutory period. Learned counsel appearing on behalf of the opposite party raised no objection. In these circumstances, all the aforesaid applications stand allowed. Department is directed to expunge the name of Madan Bairagi, petitioner no. 3 and in his place the aforesaid four names of legal heirs be substituted in the cause title of the revisional application. In Re: CAN 4 of 2021, CAN 14 of 2024 Learned counsel on behalf of the petitioner has submitted that after demise of Surajit Saha, petitioner no. 5 his legal heirs have already been substituted by the order of the court, among them Putul Saha and Surojit Saha have died and Subhamit Saha, son of 4 Surojit Saha is required to be substituted in place of Surojit Saha and name of Putul Saha should be expunged from the cause title of the revisional application. Learned counsel appearing on behalf of the petitioner did not raise any objection. Thereby, prayer for substitution stands allowed. Accordingly, both the applications being CAN 4 of 2021 and CAN 14 of 2024 stand allowed. Department is directed to expunge the name of Putul Saha from the cause title of revisional application and substitute the name of Subhamit Saha in place of Surojit Saha who died on 10.8.2018. Accordingly, both the applications being no. CAN 4 of 2021 and CAN 14 of 2024 stand allowed. In Re: CAN 8 of 2023 Learned counsel appearing on behalf of the petitioner submits that his client does not want to press the application, the same stands dismissed as not pressed. Department is directed to do the necessary work within two weeks from date. Liberty to mention. (Bibhas Ranjan De, J.)