Hasina Yeasmin v. State Of West Bengal And ORS.

15.09.2023 Item No.7 gd/ssd WPA/11762/2021 HASINA YEASMIN VS THE STATE OF WEST BENGAL & ORS.

Mr. Partha Pratim Roy ..for the Petitioner.

Mr. Anirban Roy, Mr. Sirsanya Bandapadhyay, Ms. Tapati Samanta ..for the State.

Though the petitioner has prayed for consideration of her representation wherein a prayer for issuance of an heirship certificate was made, Mr. Roy, learned advocate appearing for the petitioner submits that for the present he is not pressing for such reliefs. Mr. Roy submits that the husband of the petitioner, namely, Motahar Hossain died on 28.12.2020. However, no death certificate has been issued by the competent authority to the petitioner in spite of several requests being made by the petitioner to the competent authority.

Mr.

Bandapadhyay, learned advocate representing the State submits that no document has been disclosed in this writ petition which will go to show that the petitioner has applied for obtaining the certificate of death of her husband before the competent authority.

Mr. Roy, learned advocate for the petitioner, in his usual fairness, submits that no application for issuance of death certificate of her husband has been made by the petitioner before the competent authority.

In view thereof, this writ petition is disposed of by giving liberty to the petitioner to apply for issuance of death certificate of her husband before the concerned authority. If such application is made, the concerned authority shall decide such application in accordance with law by passing a reasoned order as expeditiously as possible but positively within a period of four weeks from the date of receipt of the server copy of this order and communicate the order to the petitioner immediately thereafter.

With the above observations, the writ petition stands disposed of.

(HIRANMAY BHATTACHARYYA, J.)