Extracted from the PDF above. The PDF is authoritative.
01.07.2025 Court No. 35 Item No.43 Rakib
W.P.A. 18745 of 2024
Arati Mondal. VS The State of West Bengal & Ors.
Mr. Pintu Karar, Mr. Sabab Uddin Laskar, Mr. Sourav Roy.
...for the Petitioner. Mr. Rajarshi Basu, Mr. Ananda Dulal Sarkar.
...for the State.
Affidavit-of-service filed by the petitioner be kept with the record. Petitioner is aggrieved by the fact that after a gift deed was executed in favour of younger son being respondent no.5, she had been thrown away from the residence and is compelled to stay at her relation’s house. Learned advocate for the petitioner prays for police escort to enter the residence. However, having considered that such a representation was submitted on 11.07.2024 and the police authorities on receipt of such representation registered Amta Police Station case no. 141/24 dated 25.07.2024 under the relevant provisions of Indian Penal Code and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, I direct that the petitioner in such circumstances would approach the Sub-Divisional Officer or the appropriate authority under the Maintenance and Welfare of Parents and Senior Citizens
2 Act, 2007 for exhausting the remedies both for entering the residence as well as cancellation of the gift deed. If such an application is preferred, the appropriate authority or the S.D.O. would decide the application within a period of 45 days. If the assistance of the police authorities are required, in that case specific directions be passed by the appropriate authorities. So far as the police authorities are concerned, they on receipt of any order under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would respect, obey and implement such order. With the aforesaid observations WPA 18745 of 2024 is disposed of. Report so submitted by the State be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)