Yogendra Sahani @ Jogendra Sahani v. State Of West Bengal And ORS.

21.12.2023.

Court No.13 Item No. 264 ap W.P.A. No. 23757 of 2023 Yogendra Sahani @ Jogendra Sahani

Versus

The State of West Bengal & Ors.

Mr. Rananeesh Guha Thakurta, Ms. Senjuti Sengupta.

...For the petitioner.

Mr. Suman Ghosh.

...For the State.

1. Affidavit-of-service filed in Court today be taken on record.

2. Challenge is made to the order dated 28th July, 2023 passed by the Certificate Officer, South 24 Parganas asking the petitioner to produce several documents and adduce evidence.

3. It is now well settled that the Certificate Officer does not have jurisdiction or authority to travel behind the Certificate. The Certificate has been issued on 20th May, 2022 by the Controlling Authority. The Certificate Officer is required to merely execute the same.

4. The application made by the Company before the Certificate Officer being Certificate Case No. 24/Misc./2022 is equally misconceived and shall stand dismissed.

5. It is ordered that the Certificate Proceedings be completed by the Certificate Officer, South 24

Parganas within a period of one month from the date of receipt of a copy of this order.

6. With the aforesaid directions, the instant writ petition is allowed and disposed of.

7. There will be no order as to costs.

8. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)