Dilip Kumar Kar v. The State Of West Bengal And ORS.

16.05.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 8789 of 2023 Dilip Kumar Kar -versus The State of West Bengal & Ors.

Mr. Jagannath Ganguly.

...For the Petitioner.

Mr. Subhrangsu Panda, Ms. Ina Bhattacharyya.

...For KMC.

Ms. Jhuma Chakraborty, Mr. Aritra Ghosh.

...For the State.

The petitioner claims to be the beneficiary of a Will executed by one Mohit Mohan Sinha son of late Mohini Mohan Sinha.

For the purpose of obtaining probate of the said Will the petitioner requires a certified copy of the Death Certificate of late Mohit Mohan Sinha and Siddhartha Sinha son of Mohit Mohan Sinha who predeceased his father.

Application was made before the Kolkata Municipal Corporation on 1st March, 2023. The same has not been replied by the authority.

After service of a copy of the writ petition upon the respondent authorities, a communication over electronic mail was forwarded to the petitioner

intimating the petitioner to visit the office on any working day along with all documents in support of his submission.

Learned advocate appearing for the petitioner submits that the representative of the petitioner visited the office of the respondent authorities but as the writ petition is pending, the authority did not entertain the petitioner.

The petitioner has annexed a copy of the death registration details as appearing in the official website of the Kolkata Municipal Corporation.

It appears that the death of Siddhartha Sinha was registered with the Corporation on 18th March, 1999.

In view of the above, the instant writ petition is disposed of by directing the Chief Municipal Health Officer, Kolkata Municipal Corporation being the respondent no.3 herein to consider the prayer of the petitioner for issuance of certified copy of the Death Certificate of late Siddhartha Sinha at the earliest, but positively within a period of four weeks from the date of communication of a copy of this order.

The petitioner shall be obliged to produce all necessary documents in support of his claim for issuance of Death Certificate.

The email communication dated 18th May, 2023 be retained with the records.

The petitioner will also be obliged to comply with all necessary formalities including payment of necessary charges for obtaining the Death Certificate. The writ petition stands disposed of.

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

( Amrita Sinha, J.)