Nayan Gon v. State Of West Bengal And ORS.

D/L Item No. 18 13.07.2023 KOLE WPA 15480 of 2023 Nayan Gon -Vs.- The State of West Bengal & Ors.

Mr. Soumya Devnaskar, ... for the petitioner.

Mr. Somnath Ganguli, AGP, Mr. P. Singh ... for the State.

This is an application under Article 226 of the Constitution of India praying for a direction upon the respondent authorities especially the respondent nos. 2 and 3 to provide adequate safety and security to the petitioner so that the petitioner can live and cultivate peacefully his own land.

Affidavit of service filed on behalf of the petitioner is taken on record. Despite service, none appears on behalf of the private respondents though the State is represented. Report filed on behalf of the State is taken on record. Learned Counsel petitioner submits as follows. The petitioner got married to the private respondent on 23.05.2017. the respondent no. 4 never wanted to stay with him. She left her matrimonial home in December, 2017 and subsequently, started a case under Section 125 of the Code claiming maintenance from the petitioner. However, the local police authorities had been troubling the petitioner and harassing him so that he does not pursue any case and gives divorce to the private respondent.

Learned Counsel appearing on behalf of the State relies on the report and submits as follows. It appears that a matrimonial suit for divorce was filed by the petitioner, but the same was dismissed for default. In the proceedings under Section 125 of the Code initiated by the wife, the petitioner was directed to pay Rs. 2,500/- to the wife and Rs. 2,000/- to the minor children every month.

At this stage, learned Counsel for the petitioner submits that the order passed under Section 125 of the Code is under challenge before this Court in revision. I have learned Counsel for the parties and have perused the writ petition and the report filed by the State. It appears that there is a matrimonial dispute between the petitioner and the private respondent.

However, the petitioner has failed to substantiate anything to show that the police authorities had been threatening or harassing him in any way whatsoever. Therefore, I do not find any reason to pass an order in terms of the prayers made in the writ petition. Accordingly, the writ petition stands disposed of without any order as to costs.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)