Dilip Sharma v. The State Of West Bengal And ORS

20.06.2024 Sl. No.25(DL) srm

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE W.P.A. No. 1267 of 2024 Dilip Sharma

Versus

The State of West Bengal & Ors.

Mr. Arnab Saha ...for the Petitioner.

Mr. Hirak Barman, Ms. Rima Sarkar ...for the State-respondents.

Mr. Deborshi Dhar ...for the Siliguri Municipal Corporation.

Despite service none appears on behalf of the respondent No.4. Affidavit of service is taken on record. The petitioner prays for cancellation of the birth certificate of the respondent No.4.

The Commissioner, Siliguri Municipal Corporation shall call the petitioner and the respondent No.4 for a hearing and disclose to the petitioner the documents which were considered at the time of issuance of the alleged birth certificate. The said birth certificate is at page 37 being P7 to the writ petition. The Commissioner will decide whether

the certificate was a product of fraud or there was any error. If the Commissioner finds that the questions raised were beyond his competence he will say so in his order. The entire exercise shall be completed within a period of six weeks.

The writ petition is accordingly disposed of. 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.)