← Library
Calcutta High CourtWPA/14888/2022disposed

Swapna Pramanik v. State Of West Bengal And ORS.

2022-11-24Hon'Ble Justice Shampa Sarkar2 pages

M/L 843 24.11.2022 Court. No. 19 GB W.P.A. 14888 of 2022 Smt. Swapna Pramanik VS The State of West Bengal & Ors.

Mr. Prosenjit Mukherjee, Mr. Sudipta Pramanik, Mr. Saptarshi Chakraborty, Ms. Tiyasa Ghosh, Ms. Poulumi Dutta.

... for the Petitioner.

Mr. Ansar Mandal, Mr. Sougata Mitra.

... for the State.

Affidavit-of-service filed in Court today, be kept with the record.

The petitioner alleges inaction of the Pradhan of Bhadura Haridas gram panchayat. According to the petitioner, an application for grant of the death certificate was filed before the panchayat authorities. The authorities have failed and neglected to issue the same.

The petitioner's husband died on May 19, 2022. It appears that one Babita Pramanik had already applied in the prescribed form, which is Annexure-P/3 at Page-18 of the writ petition. The petitioner contends that for all official purpose and also for grant of family pension in her favour, the death certificate was necessary.

It is submitted that in a heirship certificate, the petitioner had been recognised as one of the heirs of the deceased Dinesh Chandra Pramanik.

The writ petition is disposed of with a direction upon the Bhadura Haridas gram panchayat to process the

application filed by the daughter of the petitioner for grant of death certificate, in accordance with law and upon compliance of all formalities. The death certificate shall be issued within a period of four weeks from date of communication of this order, if not already done. However, if there are reasons not to issue a certificate and/or there are other legal impediments, in that event reasons shall be disclosed to the petitioner in writing.

The entire exercise shall be completed within the aforementioned period.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

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

(Shampa Sarkar, J.)