Ranajit Gopal Roy v. State Of West Bengal And ORS.

M/L 667 02.07.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 21406 of 2024 Ranajit Gopal Roy Vs.

The State of West Bengal & Ors.

Mr. Uttiya Ray ...for the Petitioner.

Mr. Somnath Ganguly, Ld. AGP ...for the State.

1. Instruction forwarded by the Inspector-in-Charge, Katwa Police Station signed on 27th August, 2024 is taken on record.

2. The petitioner submits that the private respondent no. 6 who is his mother and the respondent no. 7 his sister have occupied a house recorded in the name of the petitioner in terms of the order passed in the year 2015 by the Sub Divisional Officer under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act.

3. The mother and the sister stayed at the said house for some time but since May, 2024 the house has been kept under lock and key. The petitioner is not aware of the whereabouts of his mother and sister.

4. The petitioner approached the Sub Divisional Officer as well as the police for causing enquiry. As there is no response from the end of the authority, the instant writ petition has been filed.

5. Copy of the writ petition was sought to be served upon the private respondents at the address which is currently padlocked. The postal articles have returned unserved with the postal remark 'Door Locked'.

6. Affidavit of service filed in Court today is taken on record and the unserved writ petitions are returned to the learned advocate of the petitioner retaining the unserved envelope.

7. Upon hearing the submissions made on behalf of the petitioner, it appears that the order passed by the Sub Divisional Officer under the aforesaid Act has been worked out. Currently a separate and fresh cause of action has arisen. The dispute between the petitioner, his mother and sister cannot be resolved either by the Sub Divisional Officer or the police. Neither can the Writ Court enter into a private dispute for resolving the issue.

8. In view of the above, the relief sought for by the petitioner cannot be allowed. It will be open for the petitioner to approach the competent forum for relief, in accordance with law, if so advised.

9. The writ petition stands disposed of.

10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)