Calcutta High CourtWPA/3281/2023disposed

Anita Mahar v. State Of West Bengal And ORS.

2023-06-13Hon'Ble Justice Rajasekhar Mantha2 pages

13.06.2023 Item No.4.

Court No.13.

AB WPA No.3281 of 2023 Anita Mahar Vs The State of West Bengal & Others Mr. Saikat Chatterjee, Mr. Puranjan Pal ...for the Petitioner.

Mr. Debapriya Chatterjee......for the State.

Mr. Sayan Chattopadhyay, Mr. Kaustav Sen ....for the Respondent No.4. The matter has been listed at the instance of the private respondent. The private respondent - husband has applied for quarters. The concerned authority may consider the same in accordance with law.

The existing quarter, where the petitioner's parents are living as also the private respondent and the minor child, was allotted to the writ petitioner before her transfer to Baruipur.

Since the writ petitioner was transferred to Baruipur, she may apply for quarters afresh.

It is the writ petitioner's responsibility to keep her parents where she is to be allotted quarters. The Police Administration may immediately consider allotting quarters to the writ petitioner closer by to her place of work.

The quarter, wherein the couple was living during happier days, is at Jadavpur, but comes under

the Baruipur quota of quarters. The Police Administration may take an appropriate decision, forthwith, on the application for allotment of quarters of the private respondent as also the continuation of the writ petitioner in the quarters at Jadavpur. Insofar as visitation rights and custody of the child of the petitioner vis-à-vis the private respondent is concerned, this Court has already directed the parties to approach appropriate Court of Law. Till such time, the private respondent - husband has not been allotted independent quarter, he may continue to live at the Jadavpur quarter. The writ petitioner shall be entitled to visit her daughter, as a mere interim measure, once a week, subject to the orders of the competent court.

WPA No.3281 of 2023 stands, accordingly, disposed of.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)