Sonatan Dutta And ORS v. State Of West Bengal And ORS.

29.01.2026 Court No.25 D/L No.33 S. Gayen

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1775 of 2026 Sonatan Dutta & Ors.

Versus

The State of West Bengal & Ors.

Mr. Prosenjit Mukherjee Mr. Nirmalya Kr. Das Mr. Jahangir Hossain Ms. Manisa Mondal Ms. Babita Pramanik Mr. Raja Roy ...for the Petitioners Mr. Amal Sen, Ld. AAG Mr. Jayanta Samanta Ms. Debdooti Dutta ...for the State Mr. Ankit Agarwala Ms. Alotriya Mukherjee Ms. Arpita Paul Biswas Mr. Subir Debnath Mr. Pappu Adhikary ...for the Respondent No.11

1. The Coordinate Bench of this Court by an order dated 22nd April, 2022 in WPA 1033 of 2019 (Mamta Sarki & Anr. vs. State of West Bengal & Ors.) held that the order passed by the learned Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act can be challenged by way of an application under Article 227 of the Constitution of India and not by way of an application under Article 226 of the Constitution of India.

2. This Court finds that the petitioner has filed the present application under Article of the Constitution of India.

3. Thus, the writ application being WPA 1775 of 2026 filed by the petitioners is dismissed as not maintainable.

4. However, the dismissal of the present writ application will not prevent the petitioners to take appropriate steps by filing an application under Article 227 of the Constitution of India challenging the impugned order.

5. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Krishna Rao, J.)