Chaina Dey And ANR. v. The State Of West Bengal And ORS.

28.07.2025 W.P.A. 15180 of 2025 Item No.50 Ct. No.35 dc.

Smt. Chaina Dey & Anr.

versus The State of West Bengal & Ors.

Mr. Sukumar Ghosh, Mrs. Moumita Ghosh ... For the Petitioners.

Mr. Vivekananda Bose, Ms. Pratiti Das ... For the State.

Ms. Anandamayi Ghosh, Mr. Mrityunjoy Chatterjee, Mr. Debasis Ghosh ... For the Respondent Nos.4 & 5. Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner is aggrieved by the fact that in spite of directions passed by the Sub-Divisional Magistrate on 19.10.2022 in connection with Case No. 04 of 2022, the younger son of the petitioner no.1 being the respondent no.4 is creating disturbance and torture.

State has submitted a report which reflects that the premises in issue contains both the residential part as well as the business entity. So far as the residential premises is concerned, pursuant to the direction of the Sub-Divisional Magistrate, the same has been vacated by the respondent no.4, but so far as the business establishment is concerned, the same is being used by the respondent no.4.

Petitioner is aggrieved by the fact that the maintenance allowance is not regularly being paid as per direction of the Sub-Divisional Magistrate. Having regard to the fact that the police authorities have already registered a criminal case being Singur Police Station Case No. 370 of 2025 dated 11.07.2025, I am of the view that the police authorities acted in consonance with law. So far as the other remedies are concerned, petitioner would approach the appropriate forum for giving effect to the orders of the Sub-Divisional Magistrate concerned.

With the aforesaid observations, the writ petition being WPA 15180 of 2025 is disposed of. There will 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.)