08. 08. 23.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 16245 OF 2026 ARKA MONDAL VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Sourav Guha Thakurta, Adv. Mr. Abhratanu Sarkar, Adv. …For the Petitioner Mr. Pratip Mukherjee, Adv. Mr. Saikat Dey, Adv. …For the State Mr. Tanmoy Chatterjee, Adv. Mr. Safikul Mondal, Adv. …For the Respondent Nos.6 & 7 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Petitioner has come up with the present writ petition, inter alia, praying for direction upon the concerned police authorities which would permit the petitioner to cremate dead body of his mother, namely, Late Krishna Ghosh, who died on 23rd June, 2026. It is also submitted that after death of petitioner’s mother, till date her body is kept in mortuary of R.G. Kar Hospital, Kolkata. 3. Though petitioner has claimed to be the adopted son of the deceased lady but from the submissions made on behalf of the State respondents it appears that there is dispute between the petitioner and other family members of the deceased lady as a result whereof there is impasse with regard to cremation of the dead body. 4. It is pivotal to note that a lady died on 23rd June, 2026 and today, 23rd July, 2026 writ petition is being [2] considered in order to decide who will cremate the dead body; cremation is necessary immediately taking note of the date of death. 5. Since petitioner has approached this Court with the present writ petition seeking a direction which would facilitate the petitioner to cremate the dead body, without deciding any right of the petitioner or the private respondents, concerned police authorities are directed to permit the petitioner to cremate the dead body immediately. 6. Petitioner shall be permitted to comply with all formalities prior to cremation. 7. However, it is made clear that cremation of the dead body to be arranged by the petitioner will not confer any additional right upon him unless it is decided by appropriate forum. 8. Writ petition stands disposed of. 9. Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)