Namita Bose v. B P Gopalika Ias Home Deptt Nabanna And ORS

19.05.2023 Court No. 19 Item 04 CP CPAN 866 of 2022 In W.P.A. 19560 of 2021 Smt. Namita Bose Vs.

Shri Ramchandran Vinod Kumar & Anr.

Mr. Subrata Mukhopadhyay ... for the Petitioner/Applicant.

Ms. Chaitali Bhattacharya, Mr. Kartik Chandra Kapas ... for the State.

The court is of the view that the order dated June 8, 2022 has been complied with by the police authorities. It is an admitted position that the police authorities opened the padlock and handed over the possession of the flat to the petitioner.

It is submitted by the police authorities that subsequently, the elder son again put a padlock. The police authorities visited the place and found the padlock. Such fact is available in the pleadings. In the contempt application, the court cannot decide the continuing dispute between the mother and the son. However, the petitioner may approach the police authorities in future, if permissible under the law. The incident narrated in the contempt application, gives rise to a fresh cause of action.

The right of the applicant to proceed against her son in any other forum, is kept open.

Accordingly, the contempt application is disposed of and the contempt proceedings are dropped.

All the parties are directed to act on the basis of the server copy of this order.

Let plain copy of this order duly countersigned by the Assistant Registrar (Court), be given to the parties on usual undertakings.

(Shampa Sarkar, J.)