Extracted from the PDF above. The PDF is authoritative.
Item No.7 27.08.2026 Court. No. 12
GB WPA 16381 of 2025
Binod Singh Vs. The State of West Bengal & Ors.
Mr. Kaustav Banerjee, Ms. Ria Kundu … for the Petitioner. Mr. Raj Mohan Chattoraj … for the State.
1. Affidavit-of-service filed in Court today, is taken on record.
2. The petitioner who is the husband of respondent no.5/Sushma Devi, inter alia, prayed for the following reliefs:-
“a) A writ in the nature of certiorari for quashing of Marriage Registration Certificate No.353/2003, dated 20.10.2003, issued by the Respondent No.-4 annexed as Annexure – P1, Page No.28 of the writ petition; AND/OR b) A Writ in the nature of Mandamus commanding upon the Respondent no.-3 for cancellation/revocation of Marriage Registration Certificate No.353/2003, dated 20.10.2003, after due consideration of Representations and Legal Notice along with the relevant documents submitted by the Petitioner.
2 c) An interim order staying the operation of impugned Certificate of Marriage under the Hindu Marriage Act, 1955 being “Annexure –“P1” to the present Writ petition issued under Schedule – “C” by respondent no.4; d) Direct the Respondent No.3 to take appropriate measures to prevent fraudulent Registration of Marriage in future under the provision of Hindu Marriage Act, 1955;”
3. The petitioner places a certificate dated August 16, 2003 wherefrom it appears that the petitioner’s marriage was solemnized on that day. However, the petitioner is disputing such marriage certificate. He made a representation to the Registrar General of Marriages, West Bengal dated September 16, 2021 and the same is pending.
4. The learned counsel appearing for the State respondents raised an issue of maintainability of this writ petition. According to him, the instant writ petition is not maintainable.
5. It appears that several disputed questions of facts are involved in this writ petition, which requires evidences. Those issues cannot be decided in a writ proceeding.
6. In view of the above, this writ petition stands dismissed.
7. However, such dismissal shall not preclude the petitioner to approach the appropriate forum in accordance with law.
3
8. There shall be no order as to costs.
9. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
(Arjun Ray Mukherjee, J.)