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2026 DAILYLAW 41328 (CAL)

DURGA PORIYA @ DURGA PAIDA AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/26045/2026 · 2026-09-18

Krishna Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.09.2026 Court No.25 D/L No.3 S. Gayen In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 26045 of 2026 Durga Poriya @ Durga Paida & Ors. Versus The State of West Bengal & Ors. Mr. Amit Ranjan Pati Ms. Swastika Chowdhury Ms. Ilika Nag Mr. Avijit Chatterjee …for the Petitioners Mr. Moti Sagar Tiwari Mr. Sanju Agarwal …for the State Mr. Baratin Kumar Dey Mr. Joydeep Das …for the Respondent No.6 1. The petitioners have filed the present writ application challenging the order passed by the Sub-Divisional Officer, Kharagpur by directing the petitioners to vacate the house within four weeks of receipt of the order and in case of non-compliance by the petitioners, the Inspector-in-Charge of Dantan Police Station will evict the petitioners within four weeks of non-compliance of the order passed by the Sub-Divisional Officer. 2. This Court finds that the order passed by the Sub- Divisional Officer, Kharagpur being the Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has not assigned any reason. The Sub-Divisional Officer, Kharagpur has passed the order only on the basis that the respondent No.6 is a senior citizen and the owner of the house on 11.5 decimal areas of plot No. 420/1252, JL NO. 51 of 2 Kharagpur Mouza under Dantan Police Station but he has not assigned any reason. 3. Accordingly, only on the ground that the order is passed without assigning any reason, the same is set aside and quashed and remanded the matter back to the Sub-Divisional Officer, Kharagpur with the direction to dispose of the said proceeding after giving an opportunity of hearing to all the parties and to pass a reasoned and speaking order within a period of six weeks from the date of receipt of this order. 4. It is made clear that this Court has not gone into the merit of the matter. The Sub-Divisional Officer, Kharagpur is at liberty to decide all the points, if any raised by the parties, at the time of hearing of the matter. 5. Accordingly, WPA 26045 of 2026 stands disposed of. 6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 7. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)