Disposed

Anita Mahar v. State of West Bengal and Ors.

Calcutta HC13 Jun 2023WPA/3281/2023

Case brief

AI extract

What is this about?

This order disposed of a Writ Petition seeking relief regarding government quarters and custody. The court directed the petitioner to apply for quarters afresh after her transfer, allowed the husband to continue residing in existing quarters, and granted interim weekly visitation rights to the petitioner subject to competent court orders.

What did the court decide?

Petitioner directed to apply for quarters afresh; husband allowed to continue living at Jadavpur quarter; petitioner granted interim weekly visitation to daughter subject to competent court orders.

Anita Mahar Vs State of West Bengal and Ors. — Service and Employment | Calcutta HC (2023)

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13.06.2023 Item No.4. Court No.13. AB

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WPA No.3281 of 2023

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Anita Mahar Vs

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The State of West Bengal & Others

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Mr. Saikat Chatterjee,

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Mr. Puranjan Pal …for the Petitioner.

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Mr. Debapriya Chatterjee……for the State.

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Mr. Sayan Chattopadhyay,

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Mr. Kaustav Sen ….for the Respondent No.4.

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The matter has been listed at the instance of the private respondent. The private respondent – husband has applied for quarters. The concerned authority may consider the same in accordance with law.

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The existing quarter, where the petitioner’s parents are living as also the private respondent and the minor child, was allotted to the writ petitioner before her transfer to Baruipur.

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Since the writ petitioner was transferred to Baruipur, she may apply for quarters afresh.

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It is the writ petitioner’s responsibility to keep her parents where she is to be allotted quarters. The Police Administration may immediately consider allotting quarters to the writ petitioner closer by to her place of work.

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The quarter, wherein the couple was living during happier days, is at Jadavpur, but comes under

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the Baruipur quota of quarters. The Police Administration may take an appropriate decision, forthwith, on the application for allotment of quarters of the private respondent as also the continuation of the writ petitioner in the quarters at Jadavpur.

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Insofar as visitation rights and custody of the child of the petitioner vis-à-vis the private respondent is concerned, this Court has already directed the parties to approach appropriate Court of Law.

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Till such time, the private respondent – husband has not been allotted independent quarter, he may continue to live at the Jadavpur quarter. The writ petitioner shall be entitled to visit her daughter, as a mere interim measure, once a week, subject to the orders of the competent court.

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WPA No.3281 of 2023 stands, accordingly, disposed of.

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All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

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(Rajasekhar Mantha, J.)

Anita Mahar v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Anita Mahar v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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