Disposed¶15

Dipak Mukherjee and Anr. v. State of West Bengal and Ors.

Calcutta HC27 Nov 2025WPA/9302/2025

Case brief

AI extract

What is this about?

Elderly parents' protection; torture and assault by son; pressure to execute deed of gift of property; police vigilance and assistance directions; breach of peace prevention; Maintenance and Welfare of Parents and Senior Citizens Act, 2007 representations pending before SDO Barrackpore; expeditious disposal with hearing; WPA 9302 of 2025; Suvra Ghosh, J.; disposed of; no costs; allegations not admitted.

What did the court decide?

Police directed to maintain strict vigil over the area, prevent any untoward incident or breach of peace and tranquility, and provide all possible assistance and protection to the petitioners if they approach; Sub-Divisional Officer, Barrackpore expected to dispose of the pending representations expeditiously after granting reasonable opportunity of hearing; no order as to costs. ¶15

Dipak Mukherjee and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner parents, allegedly tortured and assaulted by their son (the private respondent) who is pressurising them to execute a deed of gift in respect of their portion of the property, are entitled to police protection and assistance. +1 more

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Court's answer

The police authority is directed to maintain strict vigil over the area so that no untoward incident takes place and there is no breach of peace and tranquility, and to provide all possible assistance and protection to the petitioners in the event they approach the police.

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Ratio / Principle

The Sub-Divisional Officer, Barrackpore is expected to deal with the representations submitted by the petitioners as expeditiously as possible, upon granting reasonable opportunity of hearing to the parties concerned.

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Key takeaways

Since no affidavit was invited, the allegations contained in the writ petition are deemed not to have been admitted.obiter¶17

Detailed headnote1 paragraphs

Writ petition by elderly parents (Dipak Mukherjee & Anr.) alleging torture and assault by their son (private respondent), who is pressurising them to execute a deed of gift in respect of their portion of the house in which both reside. The State's report corroborated the petitioners' contention. Their representations under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 were pending before the Sub-Divisional Officer, Barrackpore. The Court directed the police to maintain strict vigil over the area so that no untoward incident or breach of peace occurs and to provide all possible assistance and protection to the petitioners on their approach, and expressed the expectation that the SDO, Barrackpore would deal with the representations expeditiously upon granting reasonable opportunity of hearing. Writ petition disposed of; no order as to costs; allegations deemed not admitted since no affidavit was invited. (Suvra Ghosh, J.)

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9 27.11.2025 Ct. No.5 b.das

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WPA 9302 of 2025

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Dipak Mukherjee & Anr. Vs. The State of W. B. & Ors.

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Mr. Sanjib Kr. Mukhopadhyay Ms. Nargish Parveen …for the petitioners. Mr. Amal Kr. Sen Mr. Lal Mohan Basu …for the State.

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Affidavit of service filed by the petitioners and report submitted by the State are taken on record.

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None appears for the private respondent despite service.

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Heard learned counsels for the parties.

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The writ petition depicts an unfortunate story of hapless parents who are the petitioners herein and who are being allegedly tortured and assaulted by their son (the private respondent) on demand of the house belonging to the 1^st petitioner and his brother.

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The private respondent has been pressurizing the petitioners to execute a deed of gift in his favour in respect of their portion of the property.

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The report submitted by the State corroborates the petitioners’ contention. The petitioners filed representations before the Sub-Divisional Officer, Barrackpore under the Maintenance and Welfare of Parents

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and Senior Citizens Act, 2007 which is pending. The petitioners seek protection from their son.

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This Court is informed that the petitioners and the private respondent are residing in the same house. The police authority is directed to maintain strict vigil over the area so that no untoward incident takes place and there is no breach of peace and tranquility. They shall provide all possible assistance and protection to the petitioners in the event the petitioners approach them.

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It is expected that the Sub-Divisional Officer, Barrackpore shall deal with the representations submitted by the petitioners as expeditiously as possible, upon granting reasonable opportunity of hearing to the parties concerned.

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With the above observations and directions the writ petition is disposed of.

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There shall, however, be no order as to costs.

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Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

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Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Suvra Ghosh, J.)

Dipak Mukherjee and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Dipak Mukherjee and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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