Dipankar Satpati v. State Of West Bengal And ORS.

29.09.2021 Sl. No.19 srm W.P.A. No. 13594 of 2021 Dipankar Satpati Vs.

The State of West Bengal & Ors.

Mr. Gopal Chandra Ghosh, Mr. Sibsankar Bandyopadhyay ...for the Petitioner.

Mr. Raja Saha, Mr. Biswabrata Basu Mullick ..for the State-Respondents.

Mr. Bibekananda Tripathy ...for the Respondent Nos.4 to 8.

On perusal of the records available before this Court, the Court finds some irregularities in issuance of heirship certificate and death certificate in respect of the respondent Nos. 4 to 8. The subject matters of challenge before the Court are the alleged certificates.

The parties are represented before this Court. Having heard the rival contentions of the respective parties, this Court is of the opinion that the competent authority of the Daudpur Gram Panchayat, Nandigram No.1 Group, District-Purba Medinipur must revisit the issue on the basis of the prayers of the petitioner, who also claims to be the one of the legal heirs of late Jamini Kanta Panda. It is further

submitted that widow of late Jamini Kanta Panda has since expired.

The competent authority of Daudpur Gram Panchayat, Nandigram No.1 Group, District-Purba Medinipur shall decide as to the correctness of issuance of the death certificate and the heirship certificate, both with regard to the date of death and also with regard to the identity and names of the heirs and legal representatives of the deceased Jamini Kanta Panda. Such decision shall be taken within a period of two months from the date of communication of this order upon hearing the parties.

A reasoned order shall be passed and communicated to all concerned. If any mistake is detected, then the same shall be rectified and fresh certificates shall be issued upon recalling and revocation of the earlier certificates. The heirship certificate cannot be used as a document of title but only for other official use if necessary.

This Court has not gone into the merits of the claims and counterclaims of the parties although the learned Advocate for the respondent Nos.4 to 8 have submitted that there may be some mistake in the certificates, which were issued long ago by the erstwhile Pradhan.

The writ petition is, thus, disposed of.

There will be no order as to costs.

All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)