LAWS(CAL)-2023-12-66

AMAR NATH DUTTA Vs. STATE OF WEST BENGAL

Decided On December 20, 2023
Amar Nath Dutta Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The judgment and order dated March 24, 2023 passed by a learned Single judge in WPA 1013 of 2023 is under challenge in this appeal at the instance of the writ petitioner.

(2.) The 6th respondent filed an application before the Sub-Divisional Magistrate and competent authority under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the '2007 Act"), praying for revocation of the gift deed. The 6th respondent executed the deed of gift dtd. 3/7/2019 in favour of the appellant herein. The concerned Sub-divisional Magistrate, by an order dtd. 30/11/2022 revoked the said deed of gift. The appellant challenged the order of Sub-divisional Magistrate dtd. 30/5/2022 by filling a writ petition being WPA 1013 of 2023. The learned Trial Judge, by the impugned judgment and order, dismissed the writ petition.

(3.) The facts giving rise to the writ petition as well as this appeal, in a nut shell are as follows.