103. 103. 22.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 12650 OF 2026 SHRESTA SARKAR VS. SRI SUBRATA SARKAR AND OTHERS …………… Ms. Baijayanti Roy, Adv. Mr. Rahul Uday Singh, Adv. Mr. Tarak Bagani, Adv. … For the Petitioner Mr. Partha Chakraborty, Adv. Ms. Sneha Chatterjee, Adv. …For the State Mr. Anjan Chakraborty, Adv. Ms. Avantika Chakraborty, Adv. …For the Respondent No.3 1. By presenting this writ petition petitioner has prayed for right of residence at the premises where respondent nos.1 and 2 are residing. 2. In support of the case made out in this writ petition attention of this Court has been drawn to order dated 30th June, 2022 passed by jurisdictional authority under Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “said Act of 2005”). 3. State respondents and respondent no.3 are represented by learned advocates. 4. On perusal of the order dated 30th June, 2022 passed by the learned Judicial Magistrate (First Class), 5th Court, Howrah, it appears that respondents were directed not to cause any kind of domestic violence upon the aggrieved person being the petitioner herein who is staying at the premises in question. 5. Taking note of the order passed on 30th June, 2022 and the case made out in this writ petition, it is found [2] that prayer is made for issuing mandamus thereby giving direction for implementation of the said order dated 30th June, 2022 passed in a proceeding under the relevant provisions of the said Act of 2005. High Court while exercising writ jurisdiction under Article 226 of the Constitution of India is not the appropriate forum for implementation of the order passed by the jurisdictional authority in a proceeding initiated under the relevant provisions of the said Act of 2005. 6. If petitioner finds order dated 30th June, 2022 passed by the jurisdictional authority under the said Act of 2005 is not being complied with, steps are required to be taken within the four corners of the statute, that is, Protection of Women from Domestic Violence Act, 2005. 7. Hence, writ petition is not entertained and same stands dismissed. 8. Urgent photostat certified copy of the order, if applied for be given to the parties upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)