Parna Bala Adhikari v. State Of West Bengal And ORS.

25-09-2025 Item No.6 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.22736 of 2025 Parna Bala Adhikari -vsThe State of West Bengal & Ors.

Mr. Nilanjan Bhattacharjee, sr. adv.

Mr. Sayan De, adv.

Mr. Kaustuv Shome, adv.

Ms. Esha Acharya, adv. ...for the petitioner Mr. Amitabrata Roy, GP Mr. Vivekananda Bose, JSC Mr. Shibasish Banerjee, adv. ...for the State 1.

The petitioner claims to have nursed a new born baby who was found abandoned in the platform of the Asansol railway station. On inquiry, the petitioner came to learn that the mother of the child was a beggar on the platform and was not in a position to take care of the child.

2.

With the consent of the biological mother of the new born child, the petitioner took the male child to her residence and the child remained with her for nearly two years. Being unaware of the procedures for adoption, the petitioner was not able to take steps in that regard. The petitioner is an issueless lady and does not have a child of her own and is highly interested to adopt the child with whom she has developed a special bond.

3.

In the meantime, an FIR has been registered against the petitioner and the child has been put in a children's home.

4.

As the Durga Puja is forthcoming, the petitioner intends to visit the child. Prayer has been made to

direct the Child Welfare Committee to permit the petitioner to visit the child on puja days. The petitioner also prays for permission for adoption of the child in accordance with law.

5.

Learned counsel for the State submits that there is no formal prayer in the writ petition seeking adoption. The petitioner was detected to have forged documents and submitted the same before the Block Development Officer which led to filing of an FIR which culminated in a charge-sheet. 6.

On a perusal of the documents annexed to the writ petition, it appears that the petitioner has not made any formal prayer for adoption of the child. There is also no prayer permitting the petitioner to visit the child in the home.

7.

In view thereof, the instant writ petition stands disposed of with the observation that it will be open for the petitioner to take steps for adoption of the child in accordance with the necessary provisions of law.

8.

As regards visitation of the child in the home, the petitioner is at liberty to apply before the Child Welfare Committee seeking permission for visiting the child.

9.

In the event such applications are made by the petitioner, the same shall be considered by the concerned authority in accordance with law at the earliest.

10.

As the writ petition is being disposed of without calling for affidavits, the allegations contained therein are deemed not to have been admitted by the respondents.

11.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

12.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]