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2026 DAILYLAW 43514 (CAL)

DIPANWITA POLLEY v. THE STATE OF WEST BENGAL

CO/3310/2026 · 2026-09-24

Hiranmay Bhattacharyya

body2026

Judgment text

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Sl.18 24.09.2026 Court No.6 BP C.O. 3310 of 2026 Dipanwita Polley -versus- The State of West Bengal Mr. Amitabha Ghosh Mr. Rajnil Mukherjee Ms. Satabdi Dey Mr. S.J. Majumder ..for the petitioner On the prayer of the learned advocate for the petitioner, leave is granted to the learned advocate on record of the petitioner to amend the cause title of the civil revisional application. This application under Article 227 of the Constitution of India is at the instance of the executor in a probate proceeding and is directed against an order dated 22nd July, 2026 passed by the learned District Delegate at Barrackpore in Misc. Case No. 72 of 2026. By the order dated 22nd July, 2026 the petitioner was directed to take steps upon the legal heirs regarding citation. The learned advocate appearing for the petitioner submits that the citation has already been issued and the learned trial judge without taking note of the same again directed the petitioner to take steps regarding issuance of citation. He further submits that the affidavit in chief has already been filed. 2 In the light of the submissions made by the learned advocate for the petitioner this Court feels that the interest of justice would be sub-served if the petitioner is given liberty to approach the learned trial judge with an appropriate application in support of his case that the citation has already been issued pursuant to a direction passed by the learned trial judge. C.O. 3310 of 2026 stands disposed of by giving liberty to the petitioner to file appropriate application before the learned trial judge in support of the claim of the petitioner that citations have already been issued. If such an application is filed, the learned Judge shall consider the same and pass orders accordingly. Subject to the decision in the said application and if the suit is otherwise ready for hearing, the learned District Delegate at Barrackpore is requested to dispose of the Misc. Case No. 72 of 2026 as expeditiously as possible. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)