Calcutta High CourtWPA/19706/2021disposed

Monika Panjiar v. State Of West Bengal And ORS.

2022-01-11Hon'Ble Justice Rajasekhar Mantha2 pages

11.01.2022 Court No.13 Item No.18 AP WPA 19706 of 2021 Monika Panjiar Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. Saurabh Guhathakurata Mr. Sourav Sardar Mr. Bikash Roy Mr. Sudipta Chakraborty ... For the Petitioner.

Mr. Amitesh Banerjee, Senior Advocate Mr. Suddhadev Adak ... For the State.

Mr. Hareram Singh ... For the Respondent No.6.

The Chairperson, Child Welfare Committee, Darbhanga (hereinafter referred to as 'the CWC') being the Respondent No.6 herein is represented before this Court. Mr. Hareram Singh, learned advocate appearing for the CWC submits that his client was acting essentially on the basis of a complaint received from the mother of the child.

This Court does not wish to impute any motive against the CWC at Dharbhanga. None of the allegations against the CWC in the writ petition shall be deemed to have been admitted before this Court.

Mr. Saurabh Guhathakurata, learned counsel for the writ petitioner submits that his client, the aunt of the child, has filed proceedings under the Guardians and

Wards Act before the learned District Judge at Dharbhanga being the Guardian Case No.230 of 2021. Particulars of the application shall be made over by electronic means to the learned counsel for the CWC, Mr. Hareram Singh. Mr. Hareram Singh may pass on particulars and notice thereof to the mother of the child who may take steps to defend and present her case before the Dharbhanga Court.

Mr. Singh shall make over a copy of the complaint filed by the mother to learned counsel for the writ petitioner.

The custody of the child, shall not be disturbed for the time being and shall abide by any order that may be passed by the competent courts at Dharbhanga in the aforesaid Guardian Case No.230 of or any appropriate proceedings in accordance with law. The writ petition shall stand dispose of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)