Calcutta High Court (Appellete Side)
Debapriya Chattopadhyay vs The State Of West Bengal & Ors on 21 January, 2019
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
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21.01.2019
Item No.49
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W.P No. 25941(W) of 2018
Debapriya Chattopadhyay
- Versus -
The State of West Bengal & Ors.
Mr. Amitabha Ghosh
... For the petitioner
Ms. Jhuma Chakrabarty
... For the State
Mr. Pradip Kr. Pal Chaudhuri,
Mr. A Routh,
Mr. Sudeep Pal Choudhuri.
Ms. S. Mishra
... For the respondent no.4
Affidavit-of-service filed by the petitioner be kept on record. Mr. Ghosh, learned advocate appearing for the petitioner submits that the petitioner's ailing mother, who is presently 86 years old, is residing with her at Agra. She is presently in a bed ridden condition. The property in which the brother of the petitioner, being the respondent no.4, resides is at Calcutta. The said property originally belonged to the petitioner's father and the same was later gifted to the private respondent no.4. Surprisingly, the said respondent no.4 is sending repeated letters to the petitioner's residence at Agra threatening that he would take appropriate steps against her since, according to the said respondent, the petitioner is misutilizing the maintenance amount sent by the respondent no.4 for his mother. Such allegations, as levelled against the petitioner are 2 absolutely unfounded and she has submitted a representation to the respondent no.3 on 17th April, 2018 stating inter alia that she is being threatened and harassed by her brother. The said respondent no.3 has, however, not responded to the said representation.
Mr. Routh, learned advocate appearing for the respondent no.4 denies the allegations as levelled against the petitioner and submits that his mother used to reside with him at Calcutta. Subsequently, the petitioner took her mother to Agra and claimed maintenance amount from the petitioner. To ensure that his mother gets proper medical treatment, the said respondent used to regularly send money to the petitioner for maintenance of his mother but such maintenance amount has been misutilised by the petitioner. However, no complaint has been submitted by the respondent no.4 against the petitioner before the police authorities.
The learned advocate appearing for the State respondents denies the allegations as levelled against the State authorities in the writ petition.
Upon hearing the learned advocates appearing for the respective parties and upon considering the materials on record, it appears that the dispute involved in the present writ petition is between a sister and her brother. Allegations and counter-allegations have been levelled by them against each other.
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The mother of the petitioner and the respondent no.4 is presently in a bed ridden condition and both of them should cooperate and extend all assistance so that their ailing mother gets proper medical treatment.
In view thereof, the writ petition is disposed of directing both the petitioner as well as the private respondent no.4 to resolve the dispute between them and to assist each other so that their mother, who is presently in a bed ridden condition, can avail proper medical treatment and survive. The respondent no.4 would be at liberty to visit her mother, who is presently residing at Agra along with the petitioner.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties on compliance of all formalities.
(Tapabrata Chakraborty, J.)