Debendra Nath Dolai v. State Of West Bengal And ORS.
22.08.2024 Item No.2 Daily List Ct. No.26 CHC (disposed of) WPA(H) 67 of 2024 Debendra Nath Dolai Vs.
State of West Bengal & ors.
Mr. Uday Narayan Betal, Advocate Mr. Mriganka Patra, Advocate ....for the petitioner Mr. Debabrata Chatterjee, Sr. Govt. Advocate Mr. Simanta Kabir, Advocate ...for the State respondents
1. Writ petition is at the behest of the husband claiming that, the wife was illegally detained by the private respondents and that, the private respondents allegedly stole the properties of the writ petitioner.
2. Learned advocate appearing for the State submits that, the wife of the writ petitioner was recovered. Since, there is a police case as against the wife, she will be produced before the jurisdictional Court today.
3. We do not find any special circumstances requiring invocation of Habeas Corpus Writ jurisdiction in the facts and circumstances of the present case. Writ petitioner was well aware with whom his wife is with. Wife is an adult.
4. In such circumstances, we find no merit in the present writ petition.
Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 22 nd of August 2024 06:11:08 PM
5. Dismissing the writ petition simpliciter will not subserve the interest of justice.
6. In view of the writ petitioner invoking the jurisdiction without essential jurisdictional fact obtaining, we impose cost of Rs.10,000/- (Rupees Ten Thousand) to be paid by the petitioner within seven days from date to the West Bengal State Legal Services Authorities, Kolkata.
Petitioner will submit documentary evidence of payment of such costs with the District Magistrate, Paschim Medinipur. In default, the District Magistrate, Paschim Medinipur will initiate proceeding for recovery of the same as arrears of land revenue from the writ petitioner.
7.
Learned advocate for the State will communicate this order to the District Magistrate, Paschim Medinipur for compliance.
8. WPA(H) 67 of 2024 is disposed of accordingly. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 22 nd of August 2024 06:11:08 PM