Sima Sarkar v. State Of West Bengal And ORS.

07.04.2025 WPA 6385 of 2025 Sl.No.

Court No. 35 Sima Sarkar -VsThe State of West Bengal & Ors.

G.S.Das Mr. Rajdeep Bhattacharya Mr. Sanjib Sankar Majumdar ... for the Petitioner(s) Ms. Sonal Sinha Ms. Ashmita Chakraborty ... for the State-respondent(s) Affidavit-of-service so filed be kept with the record.

The petitioner is aggrieved by the fact that in spite of directions passed by the learned Magistrate for residential accommodation under the provisions of PWDV Act, 2005, the police authorities are not complying with the directions and the private respondent is creating disturbances by affixing a padlock at different parts of the said residence thereby disturbing the peaceful enjoyment of the property pursuant to the directions passed by the learned Magistrate.

State has submitted a report prepared by the Inspector-in-charge, Baruipur Women Police Station.

In view of the nature of the dispute complained of and the fact that already the Learned Magistrate is in seisin of the issues, I direct that the petitioner would exhaust remedies available under the PWDV Act, 2005.

The learned Magistrate will not deter from passing any direction(s) upon the police authorities in case circumstances are presented before the Court which are creating unnecessary interference with the rights vested by the court to the petitioner.

With the aforesaid observations, WPA 6385 of 2025 is disposed of.

Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate for the petitioner.

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.)