Anuradha Raman v. State Of West Bengal And ORS.

D/L 96 08.04.2025 Kausik ct.no.35 W.P.A. 6581 of 2025 Anuradha Raman

Versus

State of West Bengal & Ors.

Mr. Mukteswar Maity Ms. Manika Sarkar ...for the petitioner.

Mr. Saswata Gopal Mukherji, Sr. Adv.

Mr. Sarbajit Sardar ...for the private respondent no. 4.

Mr. Amal Kr. Sen, AGP Ms. Ashima Das (Sil) ...for the state.

Petitioner is aggrieved by the fact that in spite of an order being passed by the learned Magistrate under the provisions of the PWDV Act for residential rights, the police authorities are not assisting her and as such she cannot enter in her matrimonial home.

On the other hand, learned advocate for the State submits that twice the police authorities accompanied her and on the third occasion, the police authorities were handed over with a direction in connection with C. Case No. 746/2025 wherein the learned Judicial Magistrate, 6th Court, Alipore passed a direction restraining the respondents from entering and disturbing peaceful possession of the applicant being the mother-in-law. The case which

has been filed at the instance of the petitioner being C/156 of 2025 is before the learned Judicial Magistrate, 10th Court, Alipore. Since there are two PWDV Act Cases pending, one before the learned Judicial Magistrate, 10th Court, Alipore and another before the learned Judicial Magistrate, 6th Court, Alipore, the learned Chief Judicial Magistrate, Alipore will transfer both the cases to one and the same Court so that the cases may be tried one after the other.

With the aforesaid observations WPA 6581 of 2025 is disposed of.

Needless to state that since no affidavits have been called for, the accusations made in the writ petition are deemed not to have been admitted. It is further observed that this court has not entered into the merits of the orders passed by both the learned Judicial Magistrate, 10th Court, Alipore as well as the learned Judicial Magistrate, 6th Court, Alipore. The learned Magistrate who would be subsequently assigned the two cases would independently consider the same in accordance with law.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)