JITENDRA DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court:- The heirs and legal representatives of one Durgapada Debnath, the fourth respondent in this art.226 petition dated August 9, 2010, have instituted a suit questioning transfer of certain property by Durgapada to the petitioners. The suit has been founded on a Disability Certificate dated December 15, 2009 issued by the Superintendent-cum-Chairman, Purba Medinipur District Hospital certifying Durgapada to be a mentally challenged person. The petitioners want the Writ Court to make an order directing the respondents to send Durgapada to a medical board for ascertaining whether he is actually a mentally challenged person.

(2.) The question is whether the High Court should interfere in the matter for any purpose in exercise of power under art.226 of the Constitution of India. Admittedly, foundation of the suit is a Disability Certificate certifying Durgapada to be a mentally challenged person. It means that the plaintiffs in the suit are likely to produce the Certificate in proof of their case. If it is produced and relied on, the petitioners, defendants in the suit, will get opportunity to question its validity and the correctness of the declaration that Durgapada is a mentally challenged person; and in such case the Civil Court trying the suit will be required to adjudicate all the relevant questions. Under the circumstances, the petitioners cannot be permitted to question the correctness of the Certificate and the declaration given thereby that Durgapada is a mentally challenged person by initiating an offshoot litigation before the High Court under art.226. There is no reason for the Writ

(3.) Court to examine the validity and worth of the document and the contents thereof, and thus to nonsuit the plaintiffs in the suit pending before the Civil Court. An order by the Writ Court directing the respondents to send Durgapada to a medical board for ascertaining whether he is a mentally challenged person will amount to procuring evidence for the petitioners who are defendants in the suit. The process of Writ Court cannot be used by the petitioners to generate evidence in proof of their case, if any, stated by them in their written statement in the pending suit. They are not entitled to any relief from the Writ Court. For these reasons, the petition is dismissed. No costs. Certified xerox.