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2023 Supreme(Cal) 1270

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Amar Nath Dutta – Appellant
Versus
State Of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dhananjay Banerjee, Mr. Tanmoy Khan
For the State : Mr. Amal Kr. Sen, Ld. A.G.P., Mr. Lal Mohan Basu, Mr. Tapas Kr. Ghosh Mr. Tanmay Chowdhury Advs.

JUDGMENT :

Hiranmay Bhattacharyya, J.

1. The judgment and order dated March 24, 2023 passed by a learned Single judge in WPA 1013 of 2023 is under challenge in this appeal at the instance of the writ petitioner.

2. The 6th respondent filed an application before the Sub-Divisional Magistrate and competent authority under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the “2007 Act”), praying for revocation of the gift deed. The 6th respondent executed the deed of gift dated 03.07.2019 in favour of the appellant herein. The concerned Page 2 of 8 Sub-divisional Magistrate, by an order dated 30.11.2022 revoked the said deed of gift. The appellant challenged the order of Sub-divisional Magistrate dated 30.05.2022 by filling a writ petition being WPA 1013 of 2023. The learned Trial Judge, by the impugned judgment and order, dismissed the writ petition.

3. The facts giving rise to the writ petition as well as this appeal, in a nut shell are as follows.

4. The two storeyed building which is the subject matter of dispute between the private parties was originally owned by the wife of the 6th respondent. Wife of the 6th respondent died intestate o

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