Sukanya Mirbahar v. State Of West Bengal

03.02.2022 Ct. No.13 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Through Video Conference) WPA 127 of 2022 with CAN 1 of 2022 Smt. Sukanya Mirbahar Vs.

The State of West Bengal & Ors.

Mr. Jagannath Ganguly Mr. Jaydeep Biswas ... For the petitioner Mr. Samrat Sen Mr. Pantu Deb Roy Mr. Bhaskar Chakraborty ... For the State Mr. Suddhasatva Banerjee Mr. Md. Zohaib Rauf Mr. Ajitesh Pandey ... For the Intervenor Having heard the learned counsel at length, this Court appreciates the efforts put in by Mr. Samrat Sen, learned senior counsel, Mr. Suddhasatva Banerjee he and Mr. Ganguly for the petitioner and the Officer-in-Charge, Panchla Police Station, in resolving the issue and taking the matter to its logical conclusion.

This Court is also pleased that Counsel before this Court have not treated the litigation as adversarial. Mr. Sen had earlier indicated this Court that the veterinarian doctor Goutam Mukherjee could not identify as to whether the dog in question is 'Bruno' i.e. the pet dog

of the writ petitioner. This Court goes by documents annexed to and the assertion made in, the writ petition, in that regard. This Court is also fortified with the submission of Mr. Sen that the dog was able to identify the writ petitioner and her minor son.

Bruno shall be returned to its owners, i.e. the writ petitioner and her family in course of the day by the Debasree Roy Foundation.

The writ petitioner unconditionally undertakes before this Court that she will take good care of the French Mastiff Dog, 'Bruno', physically and mentally.

This Court wishes to record the appreciation for Debasree Roy Foundation having taken care of the dog during the time since it went missing and till date. Persons of the foundation shall be entitled to visit and inspect the dog at least once in a month.

This Court records the submission of Mr. Jaydeep Biswas, learned counsel for the petitioner, that his client shall reimburse any expenditure incurred by the Debasree Roy Foundation in taking care of the French Mastiff Dog, 'Bruno' all these days.

With the aforesaid observations, WPA 127 of 2022, stands disposed of. There will, however, be no order as to costs.

In view of the above, the connected application, being CAN 1 of 2022, is also disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

(Rajasekhar Mantha, J.)