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Master Asmit Das vs The State Of West Bengal & Ors on 18 February, 2019


Item No.27
Ct. No.13
W.P. 30094 (W) of 2017

Master Asmit Das
The State of West Bengal ors.

Mr. Arup Kr. Mondal
…for the petitioner

Mr. N. C. Bihani,
Ms. Anuradha Sengupta
…for the Burdwan University

The petitioner, being a minor and represented by his mother

has filed this writ petition for obtaining appropriate direction

upon the Vice-Chancellor of the Burdwan University to release all

death-cum-retirement benefits of his deceased father in his

favour. During the lifetime of his father, the marriage between

mother of the petitioner (claiming to the natural guardian of the

petitioner) and his father stood dissolved by a decree passed by

the competent Court.

However, Mr. Bihani, learned advocate appearing for the

respondent nos.4 and 5, i.e. the Vice-Chancellor and the

Secretary, Finance Department of the Burdwan University

produced a notice issued by an advocate to the University

alleging that the grand-mother of the petitioner (the mother of his

deceased father) has since died, leaving behind three daughters,

one son and the petitioner himself as her heirs and legal

representatives. It is further alleged that the mother of the

petitioner has also filed an application under the Guardian and

Wards Act, 1890 before the competent civil Court claiming

guardianship of the present petitioner, which is pending disposal.

Considering these facts, I am of the view that there is no scope

for passing any ad interim order in this application.

The petitioner is directed to implead the other heirs and legal

representatives of his deceased grand mother and serve a copy of

this writ petition on them. After the remaining heirs and legal

representatives of the deceased grand mother of the petitioner are

impleaded, the copies of the writ petition shall be served upon


Let this application appear, after four weeks to ascertain if the

petitioner has, in the meantime, complied with the above


It is, however, made clear that if the other heirs and legal

representatives of the deceased grand mother of the petitioner

remain unrepresented on the next date of hearing, this

application may be decided in their absence.

(Ashis Kumar Chakraborty, J.)

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