Ashok Kumar Sen v. State Of West Bengal And ANR

AD-13 Ct No.09 28.06.2023 TN WPA No. 14490 of 2023 Ashok Kumar Sen Vs.

State of West Bengal and another Mr. K.B.S. Mahapatra, Ms. Arifa Sultana .... for the petitioner Mr. Jahar Dutta, Mr. Amit Halder .... for the State The prayer made in the writ petition is innocuous.

Learned counsel for the petitioner contends that one of the children of the petitioner expired due to a fatal disease at the age of 11 years and the other is married and currently does not live with them. Hence, they are looking for another baby and seek to undertake an IVF treatment. For the same, legal clearance is required due to the age of the petitioner.

Upon hearing learned counsel for the parties, WPA No. 14490 of 2023 is allowed, thereby directing the respondent no. 2 to treat the present writ petition as an application by the petitioner on such score and process the same immediately. Thereafter, if there is no other impediment in law, the respondent no. 2

shall grant the legal clearance as per the prayer of the petitioner. Such exercise, it is expected, shall be concluded by the respondent no.2 within three weeks 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.)