Chand Sultana Begam v. State Of West Bengal And ORS.

12.03.2025 WPA 4478 of 2025 Sl.No.

Court No. 35 Chand Sultana Begam -VsThe State of West Bengal & Ors.

G.S.Das Mr. Prasanta Kr. Banerjee Mr. Purnankar Biswas ... for the Petitioner(s) Mr. Rajarshi Basu Mr. Alok Banerjee ... for the State-respondent(s) Ms. S. Maity ... for the respondent Nos. 7-13 The petitioner has approached this Court as there has been in-action on the part of the police authorities as her information furnished on 06.01.2025 with the Dankuni Police Station has not been acted upon.

The petitioner complains that her husband is trying to throw her away from her residence and she is unable to stay at her residence because of such disturbances and interference.

Since the prayer of the petitioner before this Court is for assistance from

the police authorities to stay in her matrimonial house, I am of the view that, in case, there is any issue relating to her staying at the said residence, the petitioner would approach the jurisdictional Magistrate under the relevant provisions of the PWDV Act, 2005 for residential rights.

Learned advocate for the respondent nos. 7 to 13 submits that there have been occasional incidents.

Since the nature of the cause of action is the absolute domain of the learned Magistrate, if any application is filed, the same be considered at the earliest by the concerned court and the police authorities would interfere only after specific directions are passed by the learned Magistrate.

With the aforesaid observations, WPA 4478 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)