28.04.2025 Item No.361 Ct. No.35 dc.

W.P.A. 14669 of 2018 +

CAN 1 of 2023 Durgabala Das versus State of West Bengal & Ors.

Mr. Jayanta Narayan Chatterjee, Sr. Adv., Mr. Supreem Naskar, Ms. Jayashree Patra, Ms. Pritha Sinha, Mr. Bhaskar Mondal … For the Petitioner.

Mr. Tarak Karan ... For the State.

Petitioner has approached this Court in the year 2018 when she was 86 years old. Her grievance was that in spite of a direction passed by the Maintenance Officer/Sub-Divisional Officer, Chandannagar except Prasanta Das, none of the sons have been paying the maintenance amount which was awarded in favour of the present petitioner. In this case on behalf of the private respondents an affidavit-in-opposition was filed which reflects that a title suit being T.S. 29/2018 has been filed by four sisters before the learned Civil Judge (Senior Division), Chandannagar, Hooghly and earlier in the year 2020, Haripal Police Station also registered a criminal case on a complaint filed by the mother. It was also contended that rest of the private respondents are below poverty line and it was practically impossible for them to pay and for that they have preferred a recalling application before the Sub-Divisional Officer in seisin of the case wherein maintenance was awarded.

Be that as it may, Mr. Chatterjee, learned senior advocate appearing for the petitioner and Mr. Karan, learned advocate appearing for the State submit that the present petitioner is about 95 years old and is staying at one of her daughter’s house.

Petitioner is an aged lady. Petitioner claims that she intends to stay at the residence which belongs to her. In case the petitioner approaches the police authorities in the changed circumstances after a period of seven years, I direct that the police authorities will render her assistance to enter the residence. In case any inconvenience is faced by the petitioner when she stays at her residence and any report is made, the police authorities would ensure that the same is not blown out of proportion. However, it is made clear that none of the daughters would be covered by the order passed by

It is also made clear that if the petitioner

faces further inconvenience, she would apply under

Section 11 of the Maintenance and Welfare of

Parents and Senior Citizens Act, 2007. The Sub-

Divisional Officer being the Maintenance Officer

would pass necessary orders as enshrined under Chapter-IX of the Code of Criminal Procedure. With the aforesaid observations, the writ petition being WPA 14669 of 2018 along with CAN 1 of 2023 is disposed of.

There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)