✦ Calcutta High Court

Urmila Devi Kasera v. The State of West Bengal & Ors.

AMRITA SINHA2 min read

Case at a glance

Bench
AMRITA SINHA

Outcome

Disposed of

The instant writ petition is disposed of by

Key paragraphs

  • Para 66. The instant writ petition is disposed of by granting liberty to the petitioner to approach the authority mentioned hereinabove, who, on receipt of the request from the petitioner, shall take necessary steps to redress her grievances in accordance with the Act as mentioned above.

Judgment

Mr. Kanakendu Chatterjee … For the Petitioner. Mr. Jayanta Samanta, Mr. Rabindra Nath Pal, Ms. Barnali Gupta … For the State.

1.

The petitioner is a senior citizen. She seeks protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. She lodged complaint before the Sub-Divisional Officer but there has been no response from the end of the authority. Hence, this writ petition.

2.

Learned advocate representing the State respondents submits, upon instruction that, the petitioner is required to forward her complaint to the Assistant Director, Directorate of Social Welfare, West Bengal at Shaishali Building, Salt Lake, Sector-I, Kolkata-700064, contact no. (033) 2479-

3.

The Court is left wondering as to why the Sub- Divisional Officer, who received the complaint from the petitioner, did not communicate the aforesaid to the petitioner. The SDO could have forwarded the same to the competent authority.

4.

The complaint of the petitioner was received by the office of the District Magistrate, the Sub- Divisional Officer, Sadar, Alipore, the District Social Welfare Officer, South 24 Parganas, but none of the 2 aforesaid authorities intimated the petitioner that her request under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is to be considered by the Assistant Director, Directorate of Social Welfare, West Bengal.

5.

The aforesaid authorities ought to have advised the petitioner who is a senior citizen and requires maintenance from her children with regard to the appropriate authorities where the request is to be lodged. The aforesaid authorities ought not to have sat tight on the complaint lodged by the petitioner compelling her to approach the Court for relief. The authorities ought to have acted in a more responsible and sensitive manner. It is expected that the authorities will appreciate the gravity of the matter and will take proper step in future.

Operative part

6.

The instant writ petition is disposed of by granting liberty to the petitioner to approach the authority mentioned hereinabove, who, on receipt of the request from the petitioner, shall take necessary steps to redress her grievances in accordance with the Act as mentioned above.

7.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of necessary formalities. (Amrita Sinha, J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The instant writ petition is disposed of by

Which statutory provisions did this judgment involve?

Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Calcutta High Court or eCourts case status. ← Search more judgments