SYED ABU IQBAL MURSHEDI v. STATE OF WEST BENGAL AND ORS.
WPA/18223/2025 · 2026-08-28
Arjun Ray Mukherjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36926 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36926 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
28.08.2026 SL No.12 Court No.236 (gc)
WPA 18223 of 2025
Syed Abu Iqbal Murshedi Vs. The State of West Bengal & Ors. Mr. Arif Ali,
Mr. Debabrata Das,
Ms. Sanjukta Dutta,
Mr. Pratik Acharjee …for the Petitioner. Mr. Arhat Biswas,
Ms. Prisanka Ganguly …for the State. 1. The affidavit-of-service, filed by the petitioner in Court today, is taken on record. 2. The petitioner, by filing this writ petition, has inter alia, sought for the following reliefs:-
“a. A writ of and/or in the nature of Mandamus do issue commanding the respondent authorities to cancel, rescind and/or set aside the license of the respondent nos.9 and 10 from acting as MMR; b. A writ of and/or in the nature of Mandamus do issue commanding the respondent authorities to cancel, rescind and/or set aside all the illegal acts done by the respondent nos.9 and 10 as MMR pursuant to application of the respondent no.8 dated 1st April, 2025 made to the respondent no.10; c. A writ of and/or in the nature of Prohibition do issue prohibiting the respondent authorities to give effect or further effect to the illegal acts done by the respondent nos.9 and 10 as MMR pursuant o application of the respondent no.8 dated 1st April, 2025 made to the respondent no.10;
2 d. A writ in the Certiorari do issue calling upon the respondents to certify and transmit the record of the instant case so that the same be quashed and conscionable, justice may be done by passing proper necessary orders.”
3. The petitioner alleged that his wife / the respondent no. 8 was not a resident under Nanoor Police Station, however, on the basis of an alleged statement made by her in her application, the respondent no. 10, a Marriage Registrar within the meaning of the Bengal Muhammadan Marriages and Divorces Registration Act, 1876, proceeded to assume jurisdiction and issued a Talaqnama to the respondent no. 8. 4. The petitioner made a representation dated 29th July, 2025 to several officials of the Government of West Bengal including the District Registrar, Birbhum with a request to cancel the licence of respondent nos. 9 and 10. Since, no step was taken by any of the officials/respondents, the petitioner, challenging the inaction on the part of the respondents, filed this instant writ petition. 5.
The learned counsel appearing for the petitioner today filed a supplementary affidavit affirmed on 9th January, 2026 in Court. It appears from the said supplementary affidavit that the District Registrar, Birbhum, by a Memo dated 19th November, 2025 directed the private respondent nos. 9 and 10 to appear in his office on 27th November, 2025, along
3 with relevant documents in connection with the divorce registration and marriage registration, referred to therein, between Syed Abu Iqbal Murshedi / the petitioner and Jesminara / the respondent no. 8, for an enquiry into the matter. 6. Having considered the records and the communications, it appears that there are several disputed questions of fact, which cannot be decided in a writ proceeding. 7. In view of the above, the writ petition stands dismissed. 8. However, dismissal of this writ petition shall not preclude the petitioner from approaching any appropriate forum in accordance with law. 9. The above dismissal will also not preclude the respondent no. 4 from concluding the enquiry initiated by him pursuant to the Memo dated 19th November 2025, if not already concluded, in accordance with law. 10. There shall be no order as to costs. 11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Arjun Ray Mukherjee, J.)