Sova Rani Banik v. The State Of West Bengal And ORS.

13.05.2025 Ct. No. 35 adeb WPA 9661 of 2025 Sova Rani Banik Vs.

The State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee Ms. Monalisha Sinha .... For the petitioner Mr. Ayan Chandra Roy Mr. Debangshu Dinda .... For the State Mr. Rahul Singh ....For the respondent nos. 6 & 8 Petitioner has approached this Court claiming to be thrown away from his residence and was physically assaulted by the private respondents. To that effect State has submitted that a report which reflects Baranagar Police Station case no. 374 of 2024 dated 12.09.2024 was registered for investigation under the relevant provisions of the Indian Penal Code.

Subsequently, on completion of investigation charge sheet has been submitted in jurisdictional Court. It is also reflected that there is GD Entry No. 877 dated 12th December, 2024 and the petitioner has also approached the Maintenance Tribunal under the relevant provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. There are certain prayers already advanced in respect of claim of maintenance issue relating to the property and transfer of the property are concerned and the said application

apparently seems to be filed on 5th February, 2025. However, the outcome or the day to day regular proceedings are not reflected in the writ petition. Learned advocate for the private respondents submits that they appeared in connection with the criminal case which is pending and has been granted bail. They have been adhering to the directions passed by the learned Magistrate. Petitioner is not aware regarding the proceedings.

Be that as it may, petitioner should approach the Maintenance Tribunal on the next date.

Learned Maintenance Officer would pass necessary directions by adhering to the provisions of the law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 at the earliest. The concerned Tribunal will keep in mind that the petitioner is about 77 years old and as such, the remedy sought for, if any within the ambit of the law, should be considered as expeditiously as possible by the concerned Tribunal. With the aforesaid observations, WPA 9661 of 2025 is disposed of.

Report submitted by the State be kept with the record. Copy of the same has been handed over to learned advocate for the petitioner.

There shall be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)