Calcutta High Court: In an appeal revolving around the issuance of a temporary license to the respondent/writ petitioner to act as a Muslim Marriage Registrar, a division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., held that that such contentions related to temporary license being not in accordance with relevant notifications and rules should be addressed through proper procedure, such as issuing a show-cause notice and following due process for license cancellation and until then, the respondent is entitled to perform duties under the temporary license.
The main issue involved in the instant matter is the temporary license granted to the respondent/writ petitioner to act as a Muslim Marriage Registrar. Although earlier orders favored the writ petitioner, the temporary license was not granted, leading to the filing of writ petitions. Despite instructions from the government, the temporary license was not issued as directed, resulting in the filing of subsequent petitions. The present matter involves two appeals, which have been consolidated due to their similar subject matter. One appeal was filed 399 days late, which was opposed by the respondent. However, the appellant also filed another appeal, challenging a subsequent order related to the same subject matter.
The Court acknowledged the issue of the temporary license granted to the respondent as a Muslim Marriage Registrar and noted that while earlier proceedings had favored the respondent, the temporary license was not implemented, leading to the filing of writ petitions. The Court noted that the appellant contended that the temporary license was not issued in accordance with relevant rules. However, the Court held that such contentions could be addressed through proper administrative procedures, including issuing a show-cause notice to the respondent/writ petitioner. The Court stated that until the department follows proper procedure to revoke the license, the respondent is entitled to enjoy the license and exercise the functions of a temporary Muslim Marriage Registrar.
“It will be well-open to the department to issue a show-cause notice to the respondent/writ petitioner and proceed to take steps for cancellation of temporary license in accordance with law. However, until such procedure is adopted, the respondent/writ petitioner is entitled to enjoy the license and perform the functions as a temporary Muslim Marriage Registrar.”
The Court declined to interfere with the order passed in the writ petition and granted liberty to the department to initiate appropriate action if the respondent is found unqualified. The Court directed the department to follow due process and afford the respondent a reasonable opportunity. The Court exercised discretion and condoned the delay in filing the appeal due to technical reasons. The Court set aside the imposed cost of Rs. 20,000/- on the department in the lower court’s judgment, finding it unnecessary in the circumstances of the case.
[State of W.B. v. Shagufta Ara, 2024 SCC OnLine Cal 2803, order dated 20-03-2024]
*Judgment by Chief Justice T.S. Sivagnanam
Advocates who appeared in this case :
Mr. Swapan Banerjee and Mr. Supratim Dhar, Counsel for the Appellant
Mr. Soumen Kumar Dutta and Sk. Sayan Uddin, Counsel for the Respondent/Writ petitioner