Manisha Sarkar v. Union Of India And ORS.

26.02.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 6626 of 2024 Manisha Sarkar -versus Union of India & Ors.

Mr. Uday Sarkar Chattopadhyay, Mr. Pronay Basak.

...For the Petitioner.

Mr. Kumar Jyoti Tiwari, Sr. Adv.

Ms. Amrita Pandey, Ms. Bipasha Jaiswal.

...For UOI.

1.

Affidavit-of-service filed in Court today is taken on record.

2.

The instant writ petition has been filed alleging that the private respondent, Anutosh Sarkar son of Haribar Sarkar, residing at Sikri, Bangula College Para, near Pancha Pandab Club, Post Office - Arang Ghata, Police Station- Dhantala, District-Nadia, Pin-741501 is a Bangaladeshi national and has obtained Aadhaar Card bearing no. 3057 2643 3594 by practicing fraud and misrepresentation.

3.

The petitioner got married to the private respondent and it is only thereafter that the aforesaid fact came to her knowledge.

4.

The petitioner sought for an enquiry in terms of Rules 29/30 of the Aadhaar (Enrolment and Update) Regulations, 2016 and filed a complaint before the Deputy Director General, Unique Identification Authority of India on 22nd December, 2023.

5.

The Learned advocate appearing on behalf of the petitioner submits, on oral instruction, that there has been a settlement between the petitioner and the private respondent and, accordingly, the petitioner does not intend to proceed with the writ petition any further. 6.

The Court is of the opinion that an allegation of obtaining Aadhaar Card by practicing fraud cannot be amicably settled.

7.

As the petitioner does not intend to proceed with the writ petition any further, the same stands dismissed as 'not pressed'.

8.

Dismissal of the writ petition will, however, not stand in the way of the respondent authority from taking steps to proceed against the private respondent, in the event it is found that the Aadhaar Card was obtained by him after practicing fraud and misrepresentation.

9.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)