Samar Kumar Jana v. State Of West Bengal And ORS.

01.04.2026 S.D.

Ct. No. 37 Bench Id 266046 WPA (H)/20/2026 Samar Kumar Jana Vs.

The State of West Bengal & Ors.

Mr. Chirantan Sarkar ....For the Petitioner Mr. Swapan Kumar Dutta, Ld. G.P., Sr. Adv., Ms. Sangeeta Roy ....For the State Mr. Keshab Chandra Das Mr. Biplab Adak ...For the respondent no. 4 The writ petition is at the behest of the father of the minor.

Mother of the minor expired on January 18, 2024. Since then, the minor is in the care and custody of the maternal grandmother.

There is a proceeding under Guardians and Wards Act where ex parte order was passed. There is an application for recalling of such ex parte order pending. Such proceeding relates to the custody of the minor.

Since there is a proceeding for custody of the minor pending and since the petitioner is aware as to the location of his child, we are not minded to

invoke our extraordinary writ jurisdiction under Article 226 of the Constitution of India.

WPA (H)/20/2026 is disposed of without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)