Md. Arifuzzaman v. State Of West Bengal And ORS.

AD-07 Ct No.09 21.08.2023 TN WPA No. 3923 of 2023 Md. Arifuzzaman Vs.

The State of West Bengal and others Mr. Tushar Kanti Mukherjee .... for the petitioner Mr. Santanu Kumar Mitra, Mr. Amartya Pal .... for the State Learned counsel for the State files a report as per previous direction of the court.

It is reflected in the same that, in deference to the order of the court, the petitioner was given a hearing.

As per Rule 4(a) of the Rules framed under the Bengal Act 1 of 1876, documentary evidence is required in support of claim of an applicant for the post of MMR regarding local residency of the said applicant. In such regard, the petitioner only produced an unregistered tenancy agreement, which was not sufficient in the eye of the respondents, for which fifteen days' time has been given to the petitioner to produce relevant documents in that regard.

The report be kept on record. A copy thereof is also served on the learned Advocate for the petitioner here and now.

Learned counsel for the petitioner submits that the petitioner is in possession of all relevant documents, including his Aadhaar card, to establish local residency and produce the same before the authorities.

Be that as it may, WPA No. 3923 of 2023 is disposed of by directing the petitioner to produce the documents pertaining to the local residency of the petitioner in the concerned area within a week from date. Upon such documents being produced and copies thereof being handed over to the authorities, the respondent-authorities shall ensure that the petitioner is appointed as an MMR in the locality concerned.

Such entire exercise, it is expected, shall be concluded within a month from date.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)