Hazi Sk Amanat Hosen v. State Of West Bengal And ORS.

D/L 14 07.08.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 5483 of 2024 Hazi Sk. Amanat Hosen Vs.

The State of West Bengal & Ors.

Mr. Panchanan Hajra ...for the Petitioner.

Mr. Sadhan Kumar Haldar Ms. Tuhina Parvin ...for the State.

Mr. Niladri Sekhar Ghosh Ms. Laboni Sikder Mr. Souvik Dey ...for the Private respondents.

1. The order dated 29th July, 2025 passed in MAT 1176 of 2025 with CAN 1 of 2025 in the matter of Sk. Asraful Hasan & Anr. by the Hon'ble Division Bench of this Court challenging the directions passed by this Court on 16th July, 2025 has been placed before this Court.

2. Learned advocate representing the private respondents submits that the private respondents are willing to hand over possession of the property which is recorded in the name of their father provided the father does not claim any maintenance from them.

3. Learned advocate for the petitioner admits that the petitioner will not claim any maintenance from his sons if the lands which are recorded in his name are returned to him.

4. Learned advocate representing the State respondents has placed before this Court a report of the Sub Divisional Officer, Arambagh wherefrom it appears that

the Sub Divisional Officer has directed each of the sons of the petitioner to deposit a sum of Rs. 1000/- per month to the savings account of the petitioner.

5. As the petitioner has submitted that he will not claim the maintenance amount, accordingly, the direction passed by the Sub Divisional Officer modified by the order of the District Magistrate directing payment of Rs. 1,263/- per month loses its force.

6. Learned advocate representing the State respondents has produced before this Court the instruction from the Inspector-in-Charge, Arambagh Police Station signed on 5th August, 2025 wherefrom it appears that the police have kept strict vigil to ensure that the private parties do not cultivate the petitioner's land.

7. The writ petition stands disposed of by directing the private respondents to hand over vacant peaceful possession of the petitioner's personal property so that the petitioner may use the same for his maintenance.

8. The police are directed to ensure that there is no breach of peace and tranquility at the locale.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)