Goutam Das v. State Of West Bengal And ORS.

04.02.2022 Court No.13 Item No.36 AP WPA 8770 of 2020 Sri Goutam Das Vs.

State of West Bengal and Ors.

(Through Video Conference) Mr. Supratim Dhar Mr. Kunal Ganguly ... For the Petitioner.

Mr. Pinaki Dhole Ms. Ananya Neogi ... For the State.

The writ petition has been filed seeking directions upon the Sub-Divisional Officer, Asansol to issue a duplicate SC/ST certificate being No.3274 dated 31st October 1980 at the Office of the Sub-Divisional Officer, Asansol Sadar, Paschim Bardhaman.

This Court had called for a report from the SubDivisional Officer, Asansol. Learned counsel for the State has produced the report of the Sub-Divisional Officer, Asansol Sadar, Paschim Bardhaman and the same is taken on record. It appears from the report that the Certificate No.3303 dated 29th August 1980 available at page No.4459 in the records of the Sub-Divisional Officer, Asansol Sadar stated to be available, is, in fact, not so available.

Since a duplicate certificate cannot be issued of a non-existent original no relief can be granted to the writ petitioner.

This Court at best can direct a fresh certificate to be issued to the petitioner in terms of the procedure prescribed therefor considering the fact that his father and mother both belong to the SC/ST community and had certificates to that effect.

A copy of the report filed by the Sub-Divisional Officer, Asansol Sadar, Paschim Bardhaman shall be handed over to the learned counsel for the writ petitioner. With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)