Kanak Kumar Chatterjee v. State Of West Bengal

28.09.2020.

rc Item No.38/DL Court No.10 WPA No. 7123 of 2020 with CAN No. 1 of 2020 Kanak Kumar Chatterjee

Versus

The State of West Bengal & Ors.

(through Video Conference) Mr. P.C.Mondal Mr. Debabrata Mondal Mr. S. Chandra ...for the Petitioner Mr. Uttam Majumder ...for the respondent no.8 Mr. J. Basu ...for the respondents no. 6 & 7 Mr. Sirsanya Bandyopadhyay ... for the State The grievance of the petitioner is that a complaint in the form of an application under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Annexure P-6 appearing at page 30 of this writ petition) has been filed by him with the District Magistrate, North 24Parganas. The said application along with a forwarding letter has been duly forwarded to the Sub-Divisional Officer, Bidhannagar, Salt Lake, Kolkata (Annexure P-9 appearing at

page 47 of this writ petition) for early disposal and necessary action.

Learned advocate for the petitioner submits that the Sub-Divisional Officer being the respondent no. 4 herein has kept the said application pending and has not taken any steps for disposal of the said application. He also submits that the petitioner is a senior citizen and in the interests of justice the application should be disposed of as expeditiously as possible.

Learned advocates appearing on behalf of the respondent no. 8 and respondents no. 6 and 7 and the State submit that they have no objection if the respondent no. 4 is directed to dispose of the said application in accordance with law.

In view of the submission of the parties and on perusal of the petition and pleadings available on record, I direct the respondent no. 4 to dispose of the said application under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within a period of four weeks from the date of communication of this order and after giving to all the parties concerned an opportunity of hearing. The respondent no. 4 is also directed to pass a reasoned order

which he will communicate to the parties concerned within two weeks thereafter.

I make it clear that I have not gone into the merits of this case and the respondent no. 4 is at liberty to dispose of the said application in accordance with law and without being influenced by any observation in this order.

Since no affidavit is called for the allegations contained in the writ petition are not admitted by any of the parties. It is expected that the parties will maintain peace in the domestic forum till the application is decided by the respondent no. 4.

With the above directions, this writ petition being WPA No. 7123 of 2020 along with CAN No. 1 of 2020 stands disposed of.

(Ravi Krishan Kapur, J.)