Prafulla Kumar Roy @ Prafulla Kumar Barkandaj v. The State Of West Bengal And ORS.

D/L 68 26.06.2025 ct.no.35 Kausik W.P.A. 12409 of 2025 Prafulla Kumar Roy @ Prafulla Kumar Barkandaj

Versus

The State of West Bengal & Ors.

Mr. Brotin Dasgupta Mr. Soujanyo Pattanayak Mr. Shirsho Dasgupta ...for the petitioner.

Mr. P. Das ...for the respondent nos. 6 & 7.

Mr. Santanu Kumar Mitra, Sr. Govt. Adv.

Mr. Subhabrata Das ...for the State.

Petitioner complains that he and his wife are being subjected to torture at the behest of the private respondents. There were earlier criminal cases registered. Information was furnished to the police authorities on 01.05.2025 but the police authorities till date did not take any action. Petitioners being aged person who have gifted their property to three of their sons and are now facing the consequences without any assistance from the State Administration.

Learned advocate for the private respondent submits that the first criminal case was initiated at the behest of the private respondent no. 7.

State has submitted a report. Report reflects that the first case being Sonarpur PS Case No. 342/15 was initiated by Purabi Halder Roy - respondent no. 7; another case being Sonarpur PS Case No. 1216/15 was initiated by Pramila Roy. Subsequently, the petitioner submitted a complaint on the basis of which Sonarpur PS Case No. 06/16 was registered for investigation. Again respondent no. 7 initiated a case for which Sonarpur PS Case No. 11/16 has been registered for investigation. Report also reflects that respondent no. 7 filed an application under section 12 of the PWDV Act, 2005. The other three sons of the petitioner filed title suit no. 181 of 2016 as also title suit no. 175 of 2024.

Petitioners are senior citizens and as the nature of the dispute reflects a family feud I direct the petitioner to approach the appropriate authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The concerned authorities if on assessment of the facts arrive at an opinion in respect of the allegations to be correct, it would pass necessary directions. If police assistance is required, such direction be passed by the authority.

In the meantime, police authorities would ensure that no breach of the peace and/or

tranquility takes place and/or any untoward incident results because of the strained relationship existing between the parties.

With the aforesaid observations WPA 12409 of 2025 is disposed of.

Report so submitted be kept with the record.

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

(Tirthankar Ghosh, J.)