Mrityunjay Mitra vs State Of West Bengal & Ors.

Indisputably the petitioner was appointed as a non-official Marriage Officer and non-official Hindu Marriage Registrar for Madhyagram Municipality.

By an order dated 30th September, 2009 issued by the respondent no.2 the petitioner was restrained from functioning as both the Marriage Officer

and Hindu Marriage Registrar. Aggrieved thereby, the petitioner preferred a writ petition, being W.P. No. 21766 (W) of 2009, and the same was

disposed of by an order dated 8th September, 2015 setting aside the impugned order dated 30th September, 2009.

Mr. Bhattacharya, learned senior counsel appearing for the petitioner submits that even after the said order was passed by this Court in the earlier

writ petition, the petitioner was not allowed to resume his functioning. Aggrieved thereby, the petitioner issued several letters and reminders.

Ultimately, by a letter dated 4th November, 2016 the petitioner was requested to attend the office of the respondent no.2 with the books/registers,

which he received on 15th September, 2016 so that that the same may be attested from the office of the respondent no.2. By a further letter dated 8th

December, 2016 the said respondent no.2 requested the petitioner to submit old marriage related records lying with him both under Special Marriage

Act, 1954 and Hindu Marriage Act, 1955 for verification.

According to Mr. Bhattacharya, pursuant to the said letters, the petitioner submitted all the required documents and such fact was also intimated to the

said respondent no.2 by repeated letters, last of which was issued on 10th July, 2017. In response thereto, the respondent no.2 issued a letter to the

petitioner on 27th July, 2017 stating inter alia that the books and forms which the petitioner received from the office of the respondent no.2 on 15th

September, 2016 were not authenticated from the office by mistake and a further request was made to the petitioner to produce the said books for

proper attestation.

When the matter was last taken up for hearing on 3rd May, 2018 Mr. Ghosh Dastidar, learned advocate appearing for the State respondents handed

over to Mr. Bhattacharya, a list of documents which had been allegedly retained by the petitioner. On the said date Mr. Bhattacharya prayed for an

accommodation to avail necessary instruction. The list, as handed over by Mr. Ghosh Dastidar, referred to the following documents:

(i) Marriage Notice Book pages from 601-700;

(ii) Notice Forms -01 Pad;

(iii) Declaration Forms-01 Pad;

(iv) Certificate Book u/s 13 pages from 501-600;

(v) Certificate of Marriage u/s 13-01 Pad;

(vi) Marriage Certificate Book u/s 16 pages from 201-300;

(vii) Certificate of Marriage u/s 16-01 Pad;

(viii) Application u/s 15- 01 Pad;

(ix) Receipt Books pages from 1501-1700.

Today Mr. Bhattacharya, upon instruction, submits that all the above referred documents are lying with the petitioner, save and except the documents

at serial nos. i and ix. He further contends that in terms of Rule 10(2) of the West Bengal Special Marriage Rules, 2010 (in short, the Rules of 2010)

every non-official Marriage Officer is required to make a designation seal mentioning the actual place of office address with the mention of police

station, duly approved by the Registrar General. The petitioner was appointed under Madhyagram Municipality and in the appointment letter no

specific name of the police station was mentioned since at that juncture the said Rules did not come into operation.

Mr. Goswami, learned advocate appearing for the Madhyagram Municipality submits that the said Municipality is under Madhyagram police station

and accordingly in terms of Rule 10(2) of the said Rules of 2010 the name of the police station needs to be specified as Madhyagram police station. In

the said conspectus of facts, I am of the opinion that no useful purpose will be served by keeping the writ petition pending and the same needs to be

relegated to the respondent no.2 who, upon verification, attestation and authentication of the documents, shall issue necessary order allowing the

petitioner to resume his functions as non-official Marriage Officer and non-official Hindu Marriage Registrar for Madhyagram Municipality.

Accordingly, this Court directs the respondent no.2 to issue a notice to the petitioner within a period of two weeks from date intimating a date of

hearing. On the said date the petitioner shall appear before the said respondent no.2 along with all the documents, which are in his custody. On the

said specified date, the respondent no.2 shall grant an opportunity of hearing to the petitioner and shall issue a formal order, upon verification,

attestation and authentication of all the documents, allowing the petitioner to resume his functioning as non-official Marriage Officer and non-official

Hindu Marriage Registrar for Madhyagram Municipality specifying the name of the police station, subject to compliance of all necessary formalities by

the petitioner and in accordance with law. The said order shall be communicated to the petitioner within a period of four weeks thereafter. With the

above observations and directions, the writ petition is disposed of. There shall, however, be no order as to costs. Urgent photostat certified copy of this

order, if applied for, be given to the learned advocates for the parties.