CHAMBER C/O. MR. S. C. SHRIVASTAVA.

ADVOCATE TEMPLE CHAMBERS, (1ST FLOOR)

6, OLD POST OFFICE STREET .42USATA • 700 001

t1,202i. Date Ref. No.

To, 1. The GoVt. Pleader

appellate Side. High Court, Calcutta.

2. The Superintendent ot Police, Howrals, Post Office & Police 3tation- yetvr rt s tit qt- fpwrall, Pia-711 101,

3. The Of cart n- charge, tiluneria Police station, Post Office- ulubert. a, District- nowrah. Pin-711322..

4. sankuri Ger, wvife of Late Siateai Ger of Village- Uttar Gangadharper, Police Station- Uluberia, District- powrah. ptn-711322.,

tear Sir( s),

Re; WPA 4b. gig Of 2021 Dtpika Oer ru)..

vs • ! • Petitioner.

The State 0£ West Bengal & Ors, Respondents,

Please note teat tae said matter will be /novae en

or any working del'. before His Lordship the MorOble justice SabYasachi Bhattacharya.

A copy of the writ petition along with all annexuree is stunt to you Eor your acknowledgement anti receipt the same.

bu are requested to be present in the Hoo'ble Of urt at the

'Leine of hearing ot the said matter.

This is an urgent information tn. you. Thanking you,

Elle 10 : As stated above.

lours faithiully,

dpacate Advocate.

Alcuncictin Martclal

HIGH COURT, CALCUTTA ADVOCATE

Phone :(chant) 2230-1756 / 2210-4512 (Resi.) 03273 250260

14 .1.2021

DISTRICT: HOWRAH

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P. A. No. II pp of 202# ( I2c 2 /

In the matter of:

An application under Article 226 of

the Constitution of India;

Subject matter relating to:

Group: - , under Head ( ) of

Classification List;

Women from Domestic Violance Act,

2005.

Cause Title

Dipika Ger (Am)

... Petitioner

Versus

The State of West Bengal & Ors.

... Respondents

Advocate-on-Record

MD. ALAUDDIN MANDAL Advocate

6, Old Post Office Street 1st Floor, Room No.65, Kolkata 700001.

DISTRICT : HOWRAH

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P. A. No. ,974 of 2024 (2e2J

In the matter of:

An application under Article 226 of

the Constitution of India;

And

In the matter of:

Dipika Ger (Aru)

... Petitioner

Versus

The State of West Bengal 8s Ors.

... Respondents

INDEX

SI. No. Particulars Annexure Pages

1. List of Dates

2. Points of Law. II

3. Writ petition with affidavit. 1 - 9

4. Xerox copy of Birth Certificate of the "P-1" said two minor child

5. A Xerox copy of letter dated 24.08.2020 of the petitioner to the Superintendent of Uluberia Sub-Divisional Hospital

Si.

1

No.1 Particulars Annexure Pages 6. A xerox copy of the certificate dated

01.08.2018 issued by the public information officer, Govt. of West Bengal, Office of the Superintendent of Excise, Howrah Rural Finance Department, Excise Branch

"P-3"

7. A xerox copy of the Advocate's letter "P-4" including xerox copy of the postal receipt

DISTRICT: HOWRAH

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P. A. No. q99 of 2021

In the matter of:

An application under Article 226 of

the Constitution of India;

And

In the matter of:

Dipika Ger (Am) ... Petitioner

Versus

The State of West Bengal & Ors.

... Respondents

DATES

LIST OF DATES & EVENTS

EVENTS

: Birth Certificate of the said two minor child and

father's name was record as Buddhadeb Ger.

24.08.2020 : Petitioner wrote a letter to the Superintendent of

Uluberia Sub-Divisional Hospital for issuing a death

certificate in her favour.

01.08.2018 : Certificate issued by the public information officer,

Govt. of West Bengal, Office of the Superintendent of

Excise, Howrah Rural Finance Department, Excise

Branch.

14.12.2020 : Petitioner made a another demand notice through

her Advocate's.

DISTRICT : HOWRAH

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P. A. No. /./ 99 of 2024

In the matter of:

An application under Article 226 of

the Constitution of India;

And

In the matter of:

Dipika Ger (Aru)

... Petitioner

Versus

The State of West Bengal & Ors.

... Respondents

POINTS OF LAW I. Whether it is the legal duty of the Officer-in-Charge, of

Uluberia Police Station, District —Howrah to help the petitioner

as per the settled Law of the Protection of Women for Domestic

violence Act, 2005?

11. Whether the petitioner is helpless and poor widow women as

such the respondent authorities to help in all respect as per

the said letter but the Officer-in-Charge, Uluberia is totally

silent in this regard which is bad in law and also unfortunate

for the petitioner?

Whether the petitioner has a legal right to reside at her Late

husband's residential house and the Officer —in-Charge,

Uluberia Police Station should help the petitioner but such

has not done by the Officer-in-Charge, Uluberia Police Station

which is malafide and extremely unfortunate for your

petitioner?

DISTRICT: HOWRAH

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P. A. No. 1139 of 2021

In the Matter of :

An application under Article 226 of

the Constitution of India;

And

In the Matter of :

Dipika Ger (Aru) wife of Late

Buddhadeb Ger, daughter of

Nilkamal Aru, residing at Village -

Hiop, P.O. Kha1na, P.S. Jaypur, District-

Howrah- 711 143.

.... Petitioner.

Versus

1. The State of State of West Bengal,

Service through the Secretary,

Department of Home, Government of

West Bengal, "Nabanna", 325, Sarat

Chatterjee Road, Mandirtala,

Shibpur, District- Howrah, Pin- 711

102.

2. The Superintendent of Police,

Howrah, Post Office and Police

Station - Howrah, District- Howrah,

Pin - 711322.

2

3. The Officer-in-Charge, Uluberia

Police Station, Post Office - Uluberia,

District- Howrah, Pin - 711322.

4. Sankuri Ger wife of Late Nemai

Ger of Village- Uttargangadharpur,

Police Station - Uluberia, District-

Howrah, Pin-711322.

Respondents.

To

The Hon'ble Thottathil B. Radhakrishnan, Chief Justice and His

Companion Justices of the said Hon'ble Court.

The humble Petition on behalf of the

abovenamed petitioner most

respectfully-

SHEWETH :

1. Your Petitioner states that she is now residing with her father

in the said address which is given in the Cause Title of this

application.

2. Your petitioner states that her marriage was solemnized with

Buddhadeb Ger on 25.11.20215 as per Hindu rites and customs and

your petitioners gave birth to one female child and one mail child

from the said wedlock.

Xerox copy of Birth Certificate of the said two minor child are

annexed hereto and collectively marked as Annexure "P-1".

3

3. Your petitioner states that she was living peacefully alter the

said marriage with her husband but unfortunately the husband of the

petitioner claimed huge money from your petitioner and told her take

such money from her father on the other hand father of the petitioner

is a middleclass man but not so poor as such he has no any capacity

to pay huge money to his son-in-law and in the way conflict was arose

between the petitioner and her husband and last of all your petitioner

was compelled to be leave to her in-laws house and lodged cone case

at Jaypur Police Station vide P.S. Case Np. 44/2018 dated 02.03.2018

under Section 498A/ 323/ 307/ 406/ 34 of the Indian Penal code.

The petitioner further stated that the husband never looked her and

her minor children since 02.03.2018 and the said case is running in

the Court of Judicial Magistrate 1st Class Amta, Howrah including a

case under Section 125 of Indian Penal Code is pending in the said

Learned Court.

4. Your petitioner states that the said Learned Court of Amta

Howrah already passed an order of maintenance for her and her

minor children but such maintenance money had not given by her

husband during her life time.

Your petitioner craves leave to produce the maintenance order

of Learned Court below at Amta, Howrah at the time of hearing of this

application.

5. Your petitioner states that during the pendency of the said

case against her husband unfortunately the petitioner's husband

namely Buddhadeb Ger died on 24.07.200 by which all criminal

cases are not applicable against her husband and the husband of the

petitioner died on 24.07.20'14P in the Uluberia Sub-Divisional Hospital

given to your petitioner by the Superintendent of that Hospital,

4

although your petitioner made a representation dated 24.08.2020 to

the Superintendent of Uluberia Hospital but intentionally the said

death certificate of Late Buddhadeb Ger has not been given your

petitioner by that Superintendent of Uluberia Sub-Divisional Hospital.

A Xerox copy of letter dated 24.08.2020 of the petitioner to the

Superintendent of Uluberia Sub-Divisional Hospital is annexed hereto

and marked as Annexure "P-2".

6. Your petitioner states that after her marriage her husband

has not taken step for correction of Voter Card and as such postal

address and father's names of the petitioner already printed in the

said Voter Card. Now your petitioner's trying to correct the voter card.

7. Your petitioner states that she is extremely suffering for her

own and her minor children maintenance and she was compelled to

live with her father's house and the mother -in -law of and her two

daughters and also their associates not allowed to reside to your

petitioner in her husband's house, apart from that petitioners'

husband was a rich man and he had huge property including bank

balance, L.I.C. Police and also the late husband was owner of Foreign

Liquor shop but that Liquor ship remained closed and your petitioner

was not allowed to run that liquor ship by the private respondent and

her associates.

A xerox copy of the certificate dated 01.08.2018 issued by the

public information officer, Govt. of West Bengal, Office of the

Superintendent of Excise, Howrah Rural Finance Department, Excise

Branch is annexed hereto and marked with letter "P-3".

5

8. Your petitioner states that he has not been divorced yet her

husband during his life time as such she is a legal wife of Late

Buddhadeb Ger and the petitioner is entitled to get all the shared

house hold as per the protection of Women from Domestic Violance

Act, 2005.

9. Your petitioner states that her advocate sent a letter dated

14.12.2020 to the Officer -in-Charge, Uluberia Police Station for

helping her for reside in her husband's house but any response has

not been received by your petitioner till today which is unfortunate for

the petitioner.

A xerox copy of the Advocate's letter including xerox copy of

the postal receipt is annexed hereto and marked with letter "P-4".

10. Your petitioner states that it is settled law under the

protection of Women from Domestic Violence Act, 2005, in this Act

under Section 17 already stated that "Every Women in a Domestic

relationship shall have the right to reside in the share household,

whether or not she has any right, title or beneficial interest in the

share. The Hon'ble Supreme Court of India already passed an order in

case of S.R. Bathra -Vs. Taruna Batra (2007) 3 SCC 169. It is

further stated that my client has a foreign liquor Licence in her name

but that was remained closed now and not allowed my client to run

the said shop by the family members of late Buddhadeb Ger.

11. Your petitioner states that can possession of shared

household be given with police help in an exparte residence order?- In

P. Basu V. Rani AIR 2008 (0C) 1772 (Mad), the Magistrate passed an

exparte residence order and directed the police authority concerned to

break open the lock and give protection to the wife to live in the

6

shared household. Held by Madras High Court that the said order was

not illegal.

12. Your petitioner states that she has no any source of income

for her and her minor two children and her late Husband has a huge

property, bank balance, L.I.C. policies and Foreign Liquor Shop but

the private respondent and her associates not allowed the petitioner

for residing at her husband's house and also not given any monetary

help and now she is a helpless widow women in this society and any

good financial capacity, father of the petitioner has no good financial

capacity to maintain her and her minor children as such the

requested to the Officer -in-Charge through her advocate's letter for

helping her to residence at her husband's house but any type of help

has not been given by that respondent no.3.

13. Being aggrieved by and dissatisfied with the non consideration

the letter dated 14.12.2020 of the petitioner Advocate by which your

petitioner moves this application in this Hon'ble Court under Article

226 of the Constitution of India, inter alia, on the following amongst

other:-

GROUNDS

I. For that it is the legal duty of the Officer-in-Charge, of

Uluberia Police Station, District -Howrah to help the petitioner

as per the settled Law of the Protection of Women for Domestic

violence Act, 2005.

II. For that the petitioner is helpless and poor widow women as

such the respondent authorities to help in all respect as per

the said letter but the Officer-in-Charge, Uluberia is totally

7

silent in this regard which is bad in law and also unfortunate

for the petitioner.

III. For that the petitioner has a legal right to reside at her Late

husband's residential house and the Officer -in-Charge,

Uluberia Police Station should help the petitioner but such

has not done by the Officer-in-Charge, Uluberia Police Station

which is malafide and extremely unfortunate for your

petitioner.

14. Your petitioner states that she has no any alternative way of

effective and adequate relief as such she is compelled to file this

application under Article 226 of the Constitution of India for proper

justice because the respondent no.3 has not helped her in any way to

reside at the house of her late husband's house at Village -

Uttargangadarpur, P.S. Uluberia, District- Howrah and also non

consideration of letter dated 14.12.2020 of petitioner's Advocate by

that Officer-in-Charge, Uluberia Police Station as such your petitioner

move this application under Article 226 of the Constitution of Inida in

this Hon'ble Court and unless an order is passed as prayed for

otherwise your petitioner will suffer irreparable loss and injury.

15. This application is made bonafide and for the ends of justice.

In the above circumstances Your

petitioner most humbly prays before

Your Lordships may graciously be

pleased to pass the following

orders:-

8

a) A writ in the nature of

Mandamus commanding the

respondent no.3 to help the

petitioner to reside at the residential

house of her late husband of Village

- Uttargangadarpur, P.S. Uluberia,

District- Howrah;

b) A writ in the nature of

Mandamus commanding the

respondent authorities to help the

petitioner and her minor child for

living peacefully at the residence of

her late husband's house and also to

help to run the Foreign Liquor Shop

and any way any body can not

disturb the petitioner;

c) A writ of certiorari commanding

the respondent no.3 to produce all

relevant records in connection with

the case of the petitioner to this

Hon'ble Court for proper justice;

d) Rule NISI in terms of prayer (a)

and (b) above;

e) To pass further order or orders,

direction and directions as Your

Lordships may deem fit and proper.

And your petitioner as in duty bound shall ever pray.

9

AFFIDAVIT

I, Nilkamal Am son of Late Gobinda Am, aged about t.e,y years, by

faith Hindu, by occupation , residing at Village - Hiop,

P.O. Khalna, P S Jaypur, District- Howrah- 711 143, do hereby solemnly

affirm and say as follows-

1. That I am the constituted attorney as well as father of the

petitioner in the instant case I am well acquainted with the facts and

circumstances of this case. I have been duly authorized and

competent to sign and affirm this affidavit on behalf of the petitioner.

2. That the statements made in paragraphs 1 to of the

foregoing petition are true to my knowledge and those made in

paragraphs are information derived from the petitioner

and also derived from the records and the rest are my respectful

submissions before this Hon'ble Court.

4(/` Prepared in my office The deponent is known to me

\

Advocate Clerk to : Mr. Advocate

Solemnly affirmed before me on

this day of December, 2020.

COMMISSIONER

I certify that all annexures are legible

Advocate

IIH ORIGINAL RECORD OF EIRTH WI'

DI RICT HOWRAII OF STATE/UNION TER.. ..T

+--fT'AVZ FORlarcz W4H11 ::11') IS TO CERTIFY THAT 7148 POUP I OR WIND:PALED( ULDBERiA0P. :NDIE

I' /NAME: SAYANTIKA GER.: YyA / SEX: FEMALE

IOUSAND SI -IRON

11-I i I / DATE OF I 18-12-2018

UPDATED ON:

n frt REGISTRATI S-2018 19 900941014141

o / REMARKS {TANI% S D.0 ORDER MEM016-8018:CFAI4IIKTE0-13/12/2018

10-12-2018 15:4013 I

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1:1111.14i -HEM / ISSU

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MUNNIPALfly DLUBERIA

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/11CHIWA, GOVERNMENT OF WEST BENGAL.

DEPAy'lM@Hf'OP:RMLTH SERVICES

MUNICIPALITY 1111:11ERIA

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PARENTS:

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'THIS IS A COMPUTER GENERA? ED uElITIFICATII. GOVT. OF INDIA VIDE MECUMS NO. 1/12;018-1/SHRS) DATED 27-1(112:1815 HAS APPROVED THIS CERITIIICAtE ASA VALID LEGAL DOCUMENT FOR ALI:OFFICIAL PURPOSES'

' emit T.:8- uuNIHFAAN,44818fluys" SAMOA!. Yr.1, ttS4,',04. d... Din MittItANIIDE11"

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•PAracsm,i GOVERNMENT OF WEST BENGAL

DEPARTMENT OF HEALTH SERVICES

GRAMA PANCIIAYAT BACNAN-1

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DDT aREPH BIRTH CERTIFICATE

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APPROVED THIS CERTIFICATE AS A VALID LEGAL DOCUMENT FOR ALL N. MCIAL PURPOSES'.

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Office of the Superintendent of Excise, Howrah Rural Finance Department, Excise Branch

13

Memo No: afR,

Form : The State Public Information Officer 0/0 the Superintendent of Excise, Howrah (Rural) Ganesh Complex, N.H - 6 (Mumbai Road), VilL Raghudebpur, P.0 - Panchia, P.S - Uluberia, Dist. - Howrah, Pin Code- 711322

To Dipika Ger (Aru) • i Vill-Hiyoka, P.0 - Khalna, P.S - Joypur Dist.- Howrah

Sub: -Reply to the RTI queries

Madam,

With reference to the above, Information pertaining to Dihimondalghat CS Shop (CS & CFS Off & ON license, Supplementary- FL OFF license) has been furnished herein below: 1. Name of the Licensee: Buddhadeb Ger 2. Address: Monza & GP-Mahespur, JL NO-68, Dag NO- RS &LR-61, Khatian No- RS-637, LR-1331

PS-Uluberia, Dist- Howrah 3. License ID- 34/2007/0140

thq) vxo

State Public Information Officer 0/0 the Superintendent of Excise; Howrah (Rural)

Aid Mauldin Wanda( ADVOCATE

HIGH COURT, CALCUTTA

?An likeN2q9y Chamber: Temple Chambers 6, Old Post Office Street First Floor, Room No. 65 Kolkata - 700001 Phone; 9830779217 (M)

To The Officer -in-Charge Uluberia Police Station, Post Office- Uluberia District - Howrah, Pin-711322.

14.12.2020

Dear Sir,

Re: Application for taking steps for, my • client namely Mrs. Dipika Ger wife of Late Buddhadeb Geriresiding to her matrimonial house because all the family members Late Buddhadeb Ger of Village- Uttar Gangadharpur, P.S. Uluberia, District- Howrah not allowed to reside in her matrimonial house.

Please note that under the, instruction of Mrs. Dipika Ger a of

Late Buddhadeb Ger of Village- Uttar Gangadharpur, P.S. Uluberia,

District- Howrah, now she is compelled to reside at her father's house of

Village - Hiyoka, Post Office- Khlna, P.S. Jaypur, District- Howrah, now I

state that the marriage was solemnized between Dipika Ger and

Buddhadeb Ger on 26.11.2015 and one daughter and one son borne from

the said wedlock but unfortunately the said Buddhadeb Ger died on

214.07.20Z! but all family members ate of Late Buddhadeb Ger not

allowed my client to reside at the residential house of her husband.

I further state that my client is extremely suffering for

maintenance of her two minor child which is unfortunate to my client.

It is settled law under the protection of Women from Domestic

Violence Act, 2005, in this Act under Section 17 already stated that

"Every Women in a Domestic relationship shall have the right to reside in

the share household, whether or not she has any right, title or beneficial

interest in the share. The Hon'ble Supreme Court of India already passed

an order in case of S.R. Bathra -Vs. Taruna Batra (2007) 3 SCC 169. It is

1,C Chamber: Temple Chambers 6, Old Post Office Street First Floor, Room No. 65 Kolkata — 700001 Phone : 9830779217 (M)

141d: _Mauldin Wanda( ADVOCATE

HIGH COURT, CALCUTTA

2

_40 .6m40 further stated that my client has a foreign liquor Licence in

A*kr name but

that was remained closed now and not allowed my client to run the said

shop by the family members of late Buddhadeb Ger.

In the above circumstances, you are requested to take steps

against the family members of Late Buddhadeb Ger and also to help my

said client namely Diplika Ger for residing her Late husband's house at

Village- Uttar Gangadharpur, P.S. Uluberia, District- Howrah within a few

days from the receipt of this letter otherwise my client has no other option

but compelled to take legal steps for her redressal

Kindly act in accordance with law.

Thanking. you,

Yours faithfully,

Advocate

DISTRICT: HOWRAH

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P.A NO. OF 2020 In the matter of: An application under Article 226 of the Constitution of India;

And In the matter of: Dipika Ger (Aru)

oner Versus

The State of West Bengal and others. ... Respondents

WRIT PETITION

MD. ALAUDDIN MONDAL Advocate

6, Old Post Office Street, 1st Floor, Room No.65,

Kolkata - 700 001