Lalita Singh v. State Of West Bengal And ORS.

AD-18 Ct No.09 23.11.2023 TN WPA No. 21445 of 2023 Lalita Singh Vs.

The State of West Bengal and others Mr. Arun Naskar .... for the petitioner Mr. Indranil Roy, Mr. Tapas Kr. Mandal .... for the State 1.

The petitioner contends that she is a senior citizen and has been turned out by her son and daughter-in-law and is running here and there ousted from her house.

2.

Complaints being lodged by her in that regard, no steps, it is alleged, are being taken by the SubDivisional Officer, that is, the respondent no.3. 3.

Learned counsel for the State hands over a written instruction where it is indicated that there were complaints and counter-complaints by the son and daughter-in-law as well as the petitioner which have been taken care of upon undertaking investigation. Charge-sheet has also been filed.

4.

It transpires form the annexures to the writ petition that although the petitioner wrote a

representation to the District Magistrate, Howrah captioning the same as an application under the provisions of the Senior Citizens Act, 2007, no specific provision was quoted nor did the petitioner apply in proper format. No prayer has been made therein as well.

5.

Accordingly, WPA No. 21445 of 2023 is disposed of by granting liberty to the petitioner to apply in proper format before the concerned authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

6.

If such an application is made, it is expected that the concerned authority under the Act shall decide such application on merits and in accordance with law as expeditiously as possible, preferably within three months from the date of such application being made. Insofar as the charge-sheet having been filed, it is expected that the criminal trial in that regard shall be taken up expeditiously.

7.

Instruction filed today by learned counsel for the State be kept on record.

8.

There will be no order as to costs.

9.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)