Smt. Shanti Devi Agarwala v. The State of West Bengal & Ors.
Case at a glance
- Bench
- RAJASEKHAR MANTHA, ANANDA KUMAR MUKHERJEE
Outcome
Disposed of
and the connected applications are disposed of
Provisions considered
Judgment
Smt. Shanti Devi Agarwala Vs. The State of West Bengal and Ors. Mr. Jagrti Mishra Mr. Subham Gupta Mr. Debayan Goswami Mr. Reshab Kumar Mr. Bikramaditya Ghosh Mr. Hirak Barman Mr. Momenur Rahman Mr. Sunil Kumar Sarkar Ms. Smita Sinha (Mitra) … For the appellant. … For the State. … For the respondents. The question raised by Mr. Mishra, counsel appearing for the appellant is rather academic. It is submitted that the learned Single Judge impugned order has entertained an application under Article 226 instead of Article 227 of the Constitution of India in respect of a proceeding under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act,
2007. This Court finds that the writ petition has been found by the learned Single Judge to be against over action of Bhaktinagar Police Station. 2 The Court had treated the matter as a case as one of police inaction under Group IX under classification of the list of the Calcutta High Court. The finding of the Court below and the decision cannot be said de hors the facts available. This Court has not pronounced in detail on the issue raised as regards the propriety of the writ petition under Article 226 of the Constitution of India against the proceeding under the Maintenance and Welfare of Parents and Senior Citizens Act,
2007. The matter becomes all the more academic since the original proceeding under Section 22 of the said Act of 2007 being No.550 of 2020 dated
Operative part
06.10.2020 has been dismissed for default. With the aforesaid observations, the appeal and the connected applications are disposed of. (Rajasekhar Mantha, J.) (Ananda Kumar Mukherjee, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: and the connected applications are disposed of
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — s. 22.
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.