Basanti Dey v. State Of West Bengal And ORS.

AD-19 Ct No.09 05.09.2023 TN WPA No. 7359 of 2023 Smt. Basanti Dey Vs.

The State of West Bengal and others Mr. Sekhar Pal, Mr. Mobakshar Islam .... for the petitioner

1. Despite substantial service, none appears for the respondents at the time of call.

2. In view of the innocuous nature of the prayer made, further service is not directed.

3. The petitioner is a senior citizen and made an application before the concerned Sub-Divisional Officer (SDO) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which was decided, but not in terms of the petitioner's prayers. Being thus aggrieved by the said decision, the petitioner preferred an appeal against the Tribunal comprised of the District Magistrate at Barasat. However, the said appeal is still pending since November, 2022.

4. The petitioner seeks an early disposal of the same, since the petitioner is of advanced years and is

allegedly suffering torture from the private respondent.

5. In view of the implicit urgency involved in such matters, WPA No. 7359 of 2023 is disposed of by directing the respondent no.2, the District Magistrate, District: North 24 Parganas to decide the appeal preferred by the petitioner against the private respondent no.4 as expeditiously as possible, positively within six months from this date.

6. It is made clear that the above time-frame is mandatory and peremptory and shall be adhered to by the District Magistrate positively.

7. Since affidavits are not directed, it is deemed that the allegations of the writ petition are not admitted by the respondents.

8. There will be no order as to costs.

9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)