Anoar Khan v. The State Of West Bengal And ORS.

17.11.2025 Court No.25 DL/Item No.-15 [Milan] WPA 9930 of 2024 Anoar Khan versus The State of West Bengal & Ors.

Mr. Indrajit Chatterjee ....for the Petitioner Ms. Jhuma Chakraborty, Ms. Sangeeta Roy ....for the State Mr. Rabindra Nath Mahato, Mr. Aritra Shankar Ray, Ms. Swagata Koley ....for the Private Respondent Nos.6 & 7 The grievance of the petitioner that the petitioner has made an application before the Sub-Divisional Officer, Paschim Medinipore on 22nd December, 2023 for a direction upon the opposite party to return the property to the petitioner but till date the application filed by the petitioner before the Sub-Divisional Officer, Paschim Medinipore has not been disposed of.

The petitioner submits that the petitioner has been driven out from the house and there is no place to reside but in spite of the same the Sub-Divisional Officer, Paschim Medinipore has not considered the case of the petitioner.

The State authority has filed a report and submitted that the petitioner has also made a criminal complaint on the basis of FIR being No.175/24 dated 23.04.2024 under Section 420/506/120B of IPC read with Section 24 of Maintenance & Welfare of Parents and Senior Citizens Act has been initiated by the police and on competition of the investigation, the charge sheet has been filed against the private respondents the same is pending before the Trial Court for adjudication. The private respondents submit that the petitioner has executed a gift deed and possession has been handed over to the private respondents but subsequently the petitioner has made a false complaint before the Sub-Divisional Officer, Paschim Medinipore as well as the police authority. The private respondents further submit that they have requested several time to the petitioner to come and reside with the private respondents but the petitioner has failed to accompany with the private respondents.

Heard the learned counsel for the respective parties. The petitioner has already made a complaint before the Sub-Divisional Officer, Paschim Medinipore and the same is pending before the said authority. Accordingly this writ petition being WPA 9930 of 2024 is disposed of by directing the Sub-Divisional Officer, Paschim Medinipore to consider the complaint filed by the petitioner on 22nd December, 2023, after

giving an opportunity of hearing to all the parties and to pass a reasoned and speaking order within a period of eight weeks from the date of receipt of the copy of this order. If the petitioner intends to amend the prayer in the complaint, the petitioner shall be at liberty to take appropriate steps before the Sub-Divisional Officer Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities (Krishna Rao, J.)