Gora Chand Mukherjee v. State Of West Bengal And ORS.

07.10.2024 Sl. No.1(DL) srm W.P.A. No. 25367 of 2024 Shri Gora Chand Mukherjee

Versus

The State of West Bengal & Ors.

Mr. Kushal Chatterjee, Mr. Oishik Chatterjee ...for the Petitioner.

Mr. Suman Sengupta, Ms. Amrita Panjan Moulick ...for the State-respondents.

Affidavit-of-service is taken on record.

The Officer-in-Charge, Parnashree Police Station has submitted a report. The report is taken on record. It appears that Ranjit Kumar Das, the brother of the one of the deceased, informed the police authorities that he was unable to take any responsibility of the bodies as he was 76 years old and suffering from physical ailments. Accordingly, the bodies were preserved and the landlord wants to claim the bodies and perform their last rite on humanitarian grounds. The writ petition is disposed of with a direction upon the concerned authority to handover the bodies to the petitioner, to enable him to perform their last rites.

Performance of the last rites shall not create any right in favour of the petitioner, in respect of the property or estate of

the deceased persons. The landlord is permitted to perform the last rites only on the ground of long association with the deceased couple.

There shall be no order as to costs.

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

(Shampa Sarkar, J.)