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2026 DAILYLAW 174 (CAL)

USHA RANI MISHRA (PANDA) v. STATE OF WEST BENGAL & ORS.

WPA/8587/2009 · 2026-01-30

Smita Das De

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

30-01-2026 ct no. 10 Sl. 15 RP WPA 8587 of 2009 I.A. No. CAN 1/ 2016, CAN 2/2020 & CAN 3/2020 Usha Rani Mishra (Panda) -Versus- State of West Bengal & Ors. Mr. Kapil Ch. Sarkar …for the petitioner Mr. Lal Mohan Basu. …for the State 1. None appears on behalf of the State respondents. 2. Let Mr. Lal Mohan Basu who usually appears for the State is engaged in this matter and his appearance shall be regularized from the Office of the Legal Remembrancer. CAN 3 of 2020 3. The petitioner has filed an application for condonation of delay of 268 days in filing the substitution application. The reasons for the delay has been explained in paragraph nos. 5 to 6 of the said application. This court is satisfied with the explanation given by the applicant herein. Hence the delay is condoned. CAN 3 of 2020 is allowed and disposed of accordingly. 4. CAN 2 of 2020 5. The petitioner submits that during the pendency of the main writ petition WPA 8587 of 2009, the writ petitioner died on 24th March, 2020 leaving 2 behind his legal heirs as indicated in Paragraph 2 of CAN 2 of 2020. The legal heirs are majors and sui juris and be brought on record by way of substitution in place and stead of the deceased petitioner. Since the matter pertains to 2009 the department is directed to carry out the necessary amendments in the cause title as well as in the body of the writ petition within a period of 3 weeks from the date of the communication of the order and the petitioner is directed to serve the amended copy of the writ petition to the State respondents Mr. Lal Mohan Basu, advocate engaged in the matter. CAN 2 is allowed and disposed of. 6. Let this matter appear on 13.02.2026. (Smita Das De, J.)