Shahadul Laskar v. State Of West Bengal And ORS.

S/L 3 20.11.2025 Court. No. 25 sourav WPA 25719 of 2025 Shahadul Laskar Vs.

The State of West Bengal & Ors.

Mr. Sarajit Roy Mr. Aritra Ghosh Ms. Monalisa Sinha Mr. Sayed Hossain Mr. Aminul Hossain ...for the petitioner.

Ms. Jhuma Chakraborty Ms. Rupsha Chakraborty ... for the State.

Ms. Sonal Sinha, Ld. AGP Mr. Sandipan Das ... for the State Election Commission.

1.

The police report filed by the State is taken on record. 2.

The petitioner has filed the present writ application praying for quashing of the death certificate of Sabana Laskar issued by the Department of Health and Family Welfare, Government of West Bengal, Gram Panchayat, Gopalganj dated May 14, 2025 showing the date of death of Sabana Laskar as 24.04.2025.

3.

The learned counsel for the petitioner submits that the Sabana Laskar is the daughter of the petitioner and is still alive. He submits that one Sahadul laskar son of Nuro Laskar of the same village taking the benefit of the name of the petitioner has applied for the death certificate of Sabana Laskar and the authority has issued the death certificate. When the petitioner came to know that the authority has issued the death certificate the daughter the petitioner,

immediately, the petitioner has made a complaint to the concerned police station and the police has initiated a case. He submits that Sabana Laskar daughter of Sahadul Laskar resident of Kirtankhola, Kripakhali, Kultali, South 24 Parganas is still alive but the authority has wrongly issued the death certificate of Sabana Laskar. Accordingly, he prays for quashing of the death certificate.

4.

The learned counsel appearing for the State has submitted a report wherein it reveals that the petitioner has made a written complaint to the police of Kultali P.S. and on the basis of the report the enquiry was conducted and during the enquiry, it was found that one Sahadul Laskar, i.e., the respondent no. 11 had submitted an application for Krishak Bandhu Death Benefit Scheme providing his daughter Sabana Laskar's death certificate.

5.

In course of investigation, Sahadul Laskar has failed to produce adequate documents and also failed to cooperate with the investigating agency. Subsequently, during the enquiry, it was found that the death certificate was issued from the Gopalganj Gram Gram Pradhan, Binata Halder and a notice was issued to the Pradhan and when the investigation was made, the Pradhan has informed the police authority that the verification was done by the Panchayat Sahayak namely, Haraprasad Dey Gopalganj Gram Panchayat. Later the Pradhan came to know that the

Panchayat Sahayak has misled the Pradhan for issuance of the death certificate.

6.

It is found from the report of the State that the police authorities have initiated a case against Shahadul Laskar, son of Nuro Laskar being FIR No. 615 of 2025 dated 17.07.2025 under Sections 318(4)/319(2)/336(2) of BNS. The Police already requested the concerned authority for cancellation of the death certificate. 7.

Heard the learned counsel for the parties. Perused the report submitted by the State.

8.

This Court finds that the private respondent no. 11 by taking the benefit of the same name to that of the petitioner has applied for the death certificate of Sabana Laskar who is the daughter of the petitioner and the Department of Health and Family Welfare, Gopalganj Gram Panchayat had issued the death certificate. Subsequently, when the complaint was made, police has investigated the matter and found that the respondent no. 11 has obtained the death certificate impersonating himself as the father of the Sabana Laskar though he is not the father of Sabana Laskar. 9.

It also reveals from the report that Sabana Laskar is still alive and the father of Sabana Laskar is Shahadul Laskar son of Late Moktar Laskar. The authorities have issued death certificate of Sabana Laskar on the basis of a fake document produced by the private respondent no. 11. Accordingly, the death certificate issued by the Department Health and Family Welfare, Government West Bengal, Gram Panchayat,

Gopalganj being Certificate No. D/2025/0265967 dated May 14, 2025 in the name of Sabana Laskar showing the date of death 24.04.2025 is set aside and quashed.

10. The Director SBHI (Chief Registrar Birth and Death, West Bengal) and Chief Medical Official Health (Additional District Registrar, Birth and Death) South 24 Parganas are directed to take appropriate steps for deletion of the recording of death of Sabana Laskar from the concerned file and register within a period of two weeks from the date of receipt of this order. 11.

WPA 25719 of 2025 is disposed of.

12.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Krishna Rao, J.)