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Calcutta High CourtWPA(H)/28/2024disposed

Dipak Kumar Bandyopadhyay v. State Of West Bengal And ORS.

2024-05-09Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar3 pages

Itemar WPA(H) 28 of 2024 Dipak Kumar Bandyopadhyay Vs.

State of West Bengal & Ors.

09-05-2024 Ct. 8 Ms. Jhuma Sen Ms. Sneha Sen Ms. Arpita De ...for the petitioner Mr. Rana Mukherjee, Ld. APP Mr. Simanta Kabir ...for the State Mr. Soumik Ganguli Mr. Pritam Chaudhury ...for the Respondent no. 8

1. Pursuant to our earlier direction Sri Kumum Ranjan Bandyopadhyay @ Kumud Ranjan Banerjee, aged about 82 years, is present in a wheel chair. We have an extensive interaction with him. He has candidly stated that he left the rental flat for convenience and on his own volition and he is quite comfortable with his present stay at Nabadiganta Old Age Home. He has also categorically stated that he does not have any complain against his daughter-in-law and the daughter-in-law takes good care of him and the Home authorities also takes care of him. The complainant occasionally visits Sri Bandyopadhyay in the said Home.

2. The Home authorities have stated that they have not prevented the present complainant/writ petitioner from having a free interaction with Kumud Ranjan Bondopadhyay.

3. Mr. Kumum Ranjan Bandyopadhyay has also stated that he has not executed any document disposing of his share in the Bagnan Property and/or any other movable or immovable property.

4. In view of the aforesaid, we dispose of this petition by directing the Nabadiganta Old Age Home to take good care of Mr. Bandyopadhyay.

5. We feel that an experienced physiotherapist should be consulted by the Home authorities and if advised to have physiotherapy of Mr. Bandyopadhyay as may be suggested.

6. The daughter-in-law has submitted that she would take care of the expenses of the physiotherapist. She has also further submitted that if there is any need for any fund for medical expenses and comfort of Mr. Bandyopadhyay, she shall bear the same for her father-in-law.

7. We direct the Secretary, DLSA, 24 Parganas South, to send one PLV every month to ensure compliance of this order.

8. The report filed by the Officer-in-Charge of Sarsuna Police Station and the Secretary of the Nabadiganta Old Age Home are taken on record.

9. The personal appearance of the Officer-in-Charge of Sarsuna Police Station and the Secretary of the Nabadiganta Old Age Home is dispensed with.

10. The Officer-in-Charge of Sarsuna Police Station shall also ensure the implementation of the order.

11. The Registrar Administration (L & OM) is directed to communicate this order to the Chairman and the Secretary of DLSA, 24 Parganas South for information and compliance. (Soumen Sen, J.) (Uday Kumar, J.)