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Calcutta High CourtWPA(P)/272/2024disposed

Gourango Mandal v. The State Of West Bengal And ORS.

2024-08-01The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Hiranmay Bhattacharyya3 pages

01.08.2024 Item No.10 gd/ssd WPA(P)/272/2024 GOURANGO MANDAL VS THE STATE OF WEST BENGAL AND ORS.

Syed Mansur Ali ..for the Petitioner.

Mr. Anirban Ray, Sk. Md. Galib, Ms. Suvasree Ghose ..for the State.

Mr. Prahlad Chandra Ghosh, Mr. Subir Hazra ..for the Respondent Nos.11 to 13.

1. This petition has been filed as a public interest writ petition to cancel the community certificates issued to the respondent nos.9 to 16.

2. The learned Government counsel on written instruction from the Sub-Divisional Officer, Malda (Sadar) as well as the Sub-Divisional Officer, Chanchal who is not being made a party, submitted that the community certificates issued to the 9th and 10th respondents on verification have been found to be wrongly issued and they have been cancelled and the Sub-Divisional Officer, Chanchal has also submitted that on verification it was found that the community certificates issued to the 11th and 12th respondents is also incorrect and the same have been cancelled. So far as the community certificates issued to the respondent Nos.13 to 16 is concerned, the Sub-

Divisional Officer, Malda (Sadar) submitted that though the writ petitioner was contacted to furnish information regarding respondent Nos.13 to 16, the writ petitioner has stated that he has no information.

3. Considering the fact that the community certificates issued to some of the private respondents have been cancelled, the Sub-Divisional Officer, Malda (Sadar) shall conduct an enquiry into the correctness of the certificates issued to the respondent Nos.13 to 16.

4. It is made clear that we have not expressed anything on merits and the decision shall be taken by the Sub-Divisional Officer, Malda (Sadar) in accordance with law after issuing notice to the respondent Nos.13 to 16.

5. The respondent Nos.13 to 16 shall be directed to attend the enquiry, submit documents and after hearing the parties appropriate orders be passed in accordance with law within a period of twelve weeks from the date of completion of the enquiry.

6. The written instruction given by the SubDivisional Officer, Malda (Sadar) and the Sub-Divisional Officer, Chanchal is taken on record.

7. Accordingly, the writ petition stands disposed of.

(T. S. SIVAGNANAM) CHIEF JUSTICE

(HIRANMAY BHATTACHARYYA, J.)