Item No.7 03.09.2026 Court. No. 12 GB MAT 897 of 2026 With CAN 1 of 2026 With CAN 2 of 2026 With CAN 3 of 2026 Bhuban Ghosh & Ors. VS The State of West Bengal & Ors. Mr. Rajkumar Sain, Mr. Saumen Gayen … for the Appellants. Mr. Debabrata Mondal, Ms. Sreetama Neogi … for the Respondents. In Re: CAN 2 of 2026 1. This is an application for leave to appeal. The appellants are heirs of the deceased. The date of death in the death certificate was corrected behind the back of the appellants, pursuant to an order passed by a writ court. The appellants were not made parties to the writ petition. We grant leave to the appellants to prefer the appeal, as the order in appeal suffers from an infirmity. 2. Accordingly, CAN 2 of 2026 allowed and disposed of. In Re: CAN 3 of 2026 3. This is an application for condonation of delay in preferring the appeal being MAT 897 of 2026. The appellants were not made parties to the writ proceeding. 4. We find that the appellants are the legal heirs (sons and daughters) of the deceased, whose date of death was not only rectified by a direction of the learned single Judge in 2 their absence but, also the corrected death certificate was directed to be uploaded in the portal. 5. It appears from the averments in the application that, after another writ petition alleging inaction of the police in handing over possession of a plot of land in respect of which a civil suit is pending was filed, the appellants came to know about the order passed by the learned Single Judge. 6. The explanation for the delay in filing the appeal is satisfactory. 7. Accordingly, the delay is condoned. CAN 3 of 2026 is allowed and disposed of. In Re: MAT 897 of 2026 8. This appeal arises out of an order dated September 3, 2025 by which the learned Single Judge directed the appropriate authority to correct the date of death of the deceased/predecessor-in-interest of the appellants without appreciating that the appellants were necessary parties to the writ proceeding. The order passed therein would directly affect their right. The order impugned is liable to be set aside on the ground of denial of the right of hearing to the heirs of the deceased, whose date of death was changed in the death certificate without their knowledge. 9. We do not find from the records that, an enquiry was held on the basis of the complaint lodged by the writ petitioners, in the presence of the heirs of the deceased/apellants. 10. It appears that in 2024 a complaint was lodged by the respondents/writ petitioners alleging that the date of death 3 recorded in the death certificate, issued by the Sub- Registrar (Birth and Death), Gram Panchayat Ramnagar, Bachara in respect of the deceased Bhakti Ghosh was incorrect. The date of death would not be March 5, 2001 but April 14, 2007. 11. We are also apprised that a civil suit is pending in respect of an alleged transfer of the property by the said deceased in favour of the writ petitioners, sometime in 2002. Thus, the date of death assumes significance. 12. Under such circumstances, the order impugned is set aside. 13. The Superintendent of Police, Murshidabad shall make an enquiry in order to ascertain what had actually transpired and what led to the filing of the writ petition, for correction of the date of death of Bhakti Ghosh. While doing so, he will constitute a team and the team will make such enquiry in order to ascertain the actual date of death. All interested parties, neighbours, doctors and relatives shall be interrogated. 14. The corrected death certificate shall not be taken into account in any court proceeding, till the entire enquiry is completed. The team will make an enquiry with regard to the genuineness of the certificate that was issued to the heirs and the genuineness of the claim of the writ petitioners. The enquiry team will try their best to ascertain the date of death as well. The Block Development Officer and the Pradhan of the gram panchayat shall be heard along with the writ petitioners and the heirs of the deceased. The parties will be 4 allowed to place relevant documents. If necessary, the neighbours shall also be questioned. The Superintendent of Police will prepare a report and forward the same to appropriate authority as also to the parties and thereafter, on the basis of the same, necessary death certificate shall be issued to the parties if the date of death is not as originally recorded. However, if the date of death cannot be ascertained, necessary steps shall be taken by the parties before the appropriate forum, for declaration of such date. 15. In the event, it is found that there was any foul play in the process of issuance of the said death certificate at the instance of either of the parties and/or in collusion with the any official, necessary investigation shall be initiated accordingly against the offending party(s) by the police authorities. 16. The entire exercise shall be completed within a period of three months from date. 17. Accordingly, the appeal and the applications are disposed of. 18. Parties are directed to act on the basis of the server copy of this order. (Shampa Sarkar, J.) (Arjun Ray Mukherjee, J.)