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Calcutta High CourtWPA/13631/2021disposed

Panchanan Das v. State Of West Bengal And ORS.

2021-11-24Hon'Ble Justice Rajasekhar Mantha2 pages

24.11.2021 Court No.13 Sl.12 pk W.P.A. No. 13631 of 2021 Panchanan Das

Versus

The State of West Bengal & Ors.

(Through Video Conference) Mr. Moloy Bhattacharya, Mr. Amitabha Ghosh, Ms. Nabanita Chatterjee ...for the petitioner.

Mr. A. Banerjee, Mr. S. Adak ...for the State.

The petitioner has obtained an order of maintenance dated 13th September, 2017 from the Tribunal functioning under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It appears from the records that the petitioner has received maintenance till 2019. Respondents have not paid any amount thereafter. The petitioner approached the tribunal for enforcement of it's order within three months, which has not been done till date.

Be that as it may, since the maintenance order has been passed and the private respondents have paid maintenance for some period of time, it is directed that the Sub-Divisional Magistrate, Bishnupur shall revive the Case No. 59/Misc/2017 and consider the same afresh and pass appropriate order.

Needless to mention that the private respondents/children should be heard by the Tribunal before making of any order.

With the aforesaid directions, the writ petition is disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)