Nazira Khatun v. The State Of West Bengal And ORS.

M/L 213 20.08.2025 Bpg.

ct.no.35 W.P.A.25915 of 2024 Nazira Khatun

Versus

The State of West Bengal & Ors.

Mr. Pronojit Ray Ms. Abira Bhattacharyya.

...for the petitioner.

Mr. Santanu Kumar Mitra Mr. Amartya Pal.

...for the State-respondents.

Petitioner is aggrieved by the fact that as the information furnished with the Inspector-in-Charge, Rampurhat Police Station did not yield any result. Petitioner complains that she is unable to stay at her matrimonial home pursuant to a matrimonial discord and difference arising between the petitioner and the inmates of the matrimonial home.

State has submitted a report. Report reflects that Misc. Case No.611 of 2024 dated 29.11.2024 was filed before the learned Judicial Magistrate, 1st Court, Rampurhat.

Petitioner voluntarily opted to prefer a fresh police complaint. However, no steps could be taken so far as the residence issue is concerned as the Judicial Magistrate, 1st Court, Rampurhat was in seisin of the issue.

Having considered the grievance of the petitioner particularly with regard to residential right is concerned, petitioner be well advised to proceed under the PWDV Act, 2005 in case such powers have not already been invoked by the petitioner. If prayer for residential right or alternative accommodation is advanced by the petitioner before the concerned court, the same be disposed of within a specific period of time by the jurisdictional court.

With the aforesaid observations, WPA 25915 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)