Tapan Bhattacharya And ORS. v. State Of West Bengal And ORS.

19.06.2026 In the High Court at Calcutta Court No.25 D/L No.9 Constitutional Writ Jurisdiction S. Gayen Appellate Side WPA 151 of 2026 Sri Tapan Bhattacharya & Ors.

Versus

The State of West Bengal & Ors.

Mr. Partha Pratim Roy Mr. Souvik Das ...for the Petitioners Mr. Partha Chakraborty Mr. Arghya Chatterjee ...for the State

1. The petitioner No.3, namely, Sayan Bhattacharya has filed an application before the respondent No.4 for correction of the name of his mother in his birth certificate.

2. Learned counsel appearing for the petitioners submits that in the birth certificate of the petitioner, the name of the mother is advertently recorded as Iti Bhattacharya instead of Chaina Bhattacharya. The petitioner has disclosed the documents of his mother, i.e., Aadhaar Card, Ration Card and Marriage Certificate wherein, the name of the mother of the petitioner is recorded as Chaina Bhattacharya. By disclosing of the said documents, the petitioner has filed an application before the respondent no.4 for correction of the name of the mother of the petitioner in his birth certificate but the same has not considered.

3. Learned counsel appearing for the State submits that if the petitioner has made any application to the respondent authorities, the respondent authorities will consider the same in accordance with law.

4. Heard the learned counsel for the respective parties and perused the materials on record.

5. This Court finds that in the birth certificate of the petitioner No.3, the name of the mother has been recorded as 'Iti Bhattacharya' but in other documents, i.e., Aadhaar Card, Ration Card and Marriage Certificate, the name of the mother of the petitioner No.3 is recorded as 'Chaina Bhattacharya'. The mother of the petitioner No.3 has also executed an affidavit before the Executive Magistrate declaring that her correct name is Chaina Bhattacharya but in the birth certificate of her son, her name is recorded as Iti Bhattacharya.

6. Considering the above, this Court finds that the petitioner has already requested to the respondent No.4 for consideration the request of the petitioner for correction the name of the mother of the petitioner in the birth certificate.

7. Accordingly, the respondent No.4 is directed to consider the application of the petitioner for correction of the name of the mother of the petitioner in the birth certificate as 'Chaina Bhattacharya' instead of 'Iti Bhattacharya', if necessary, after giving an opportunity

of hearing to the petitioner within a period of four weeks from the date of receipt of this order.

8. The respondent No.4 is also directed to consider the request of the petitioner in terms of the order passed by this Court in WPA 23491 of 2025. If the respondent No.4 finds that the name of the mother of the petitioner in the birth certificate is to be corrected, the same may be done within a period of two weeks thereafter.

9. Accordingly, WPA 151 of 2026 stands disposed of.

10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

11. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)