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Calcutta High CourtWPA/2731/2022disposed

Geeta Paramanick v. State Of West Bengal And ORS.

2023-12-19Hon'Ble Justice Amrita Sinha2 pages

Item No.13 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 19.12.2023 Ct-24 WPA 2731 of 2022 Geeta Pramanick v.

The State of West Bengal & Ors.

Mr. Mehbook Rahman Mr. Tanmoy Sett ... for the petitioner.

Mr. S. T. Mina Mr. Ranjit Rajak ... for the State respondents.

Mr. Debasish Das ... for the respondent no. 2.

The case history in respect of the issuance of death certificate prepared by the Chairperson, Board of Administrators, Egra Municipality dated November 25, 2023 is produced before this Court.

It appears from the submission made on behalf of the petitioner and the Municipality that an enquiry is being conducted to ascertain the heir of the deceased. The enquiry proceeding is not yet complete.

As this Court is not the competent forum to decide as to who is the heir of the deceased and whether the death certificate was issued to the proper person or not and as it appears that an enquiry is ongoing, accordingly, the Court refrains from passing any order in this matter.

The writ petition is disposed of by directing the Municipality to conclude the enquiry to ascertain as to

whether the death certificate was handed over to the proper person or not.

In the event, the Municipality is of the opinion that any remedial measure is to be taken, then the same shall be taken by the Municipality in accordance with law.

The enquiry should be concluded at the earliest but positively within a period of twelve weeks from the date of communication of this order.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

SH (Amrita Sinha, J.)